( 1 ) THIS Letters Patent Appeal on certificate, has arisen from the judgment dated November 6, 1970, of a learned single Judge of this Court in a Regular Second Appeal.

( 2 ) WE can do no better than to state the facts which arc not disputed, as brought out in the judgment of the learned single Judge. The facts are that the plaintiffs filed a suit for specific performance of an alleged contract of sale of shop No. 2562 Gali No- 6, Beadonpura, Ajmal Khan Road, Karol Bagh, New Delhi. It was alleged that the plaintiffs are in possession of shop No. 2562 which is a part of the property known as No. 2562-73 (New No. XVI 2593-2606 ). This whole property was accomposite property and was auctioned by the 1954, Tea. nercent of the sale price was deposited Toy the plaintiffs and the defendants who were the bidders. However, the sale was not contrimed and the property was open to public and the maximum bid of Rs. 60,250. 00 was given. The auction was then to be continued only amongst the sitting allottees and for this purpose auction was postponed to the next day. This is clear from the proceedings before the Competent Officer. Exhibit P-2 on the file. Before that the defend