( 1 ) BY this order, I propose to dispose of (i) a petition filed u/s. 20 of the Arbitration Act (the act ), it being Suit No. 453-A of 1986, by Gurbaksh Singh Uppal and his wife Smt. Raj Kaur Uppal ( uppals ), the two petitioners against the sole respondent, Smt. Usha Malhotra, and (ii) an application, being I. A. 5831 of 1989, u/s. 34 of the Act, filed again by Uppals, the defendants in a suit (Suit No. 2354 of 1988) for specific performance of an agreement to sell filed by Usha Malhotra.

( 2 ) THE disputes between the parties concern property No. A-14/4, Vasant Vihar. The plot which measures 413 square Yards was held on perpetual leasehold basis by Uppals from a Society which had developed the colony. In fact, the society was the lessee, with the President of India as the lessor, and the Uppals as the sub-lessees. In the petitions, Uppals say that since under the sub-lease they were required to erect a building they, with that view, entered into an agreement of construction dated 1. 8. 1978 with Usha Malhotra. Under this agreement, a sum of Rs. 42,000. 00 was deposited by Usha Malhotra with Uppals. Certain terms of the construction agreement have then been set out in