( 1 ) THE appellants, Express Towers Pvt. Ltd. and its Director- Mr. R. C. Goel, have filed the present Appeal against the Order dated 22nd August, 2006 dismissing their application under Order XII, Rule 6 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) for passing a decree of specific performance on the basis of admissions made by Mr. Mohan Singh and Smt. Jit Kaur, the respondent nos. 1 and 2 herein.

( 2 ) THE appellants had entered into an "agreement to sell" dated 21st May, 1987 with the respondent nos. 1 and 2 for purchase of property no. B-7/118, safdurjung Enclave, New Delhi for sale consideration of Rs. 23. 50 lakhs. Rs. 1 lakh was paid in advance to the respondent nos. 1 and 2 out of the total sale consideration and the balance sum of Rs. 22. 50 lakhs remained payable. The said amount was payable by bank drafts at the time of execution of the sale deed and possession was to be given to the appellants after full payment and encashment of the bank drafts.

( 3 ) THE Appropriate Authority-Income Tax Department by Order dated 10th july, 1987, decided to exercise its pre-emptive right to purchase the said property under Chapter XX-C of the Income Tax Act, 1961 (hereinafter referred to as the Act, for short ). The Order passed by the Income Tax Department was made subject matter of Writ Petition No. 2275/1987 filed by the appellants. By an interim Order dated 26th August, 1987 it was directed that the possession of the property will be with the Income Tax Department and the same should not be disturbed. During the pendency of this Writ Petition, by an another interim order dated 29th July, 1992, Rs. 22. 50 lakhs was paid to the respondent nos. 1 and 2 by the Income Tax Department. The Court while passing the said Order noticed that Rs. 1 lakh was payable to the appellants herein and the said amount would be paid whenever the appellants appear in the said proceedings.

( 4 ) WRIT Petition No. 2275/1987 was disposed of vide Order dated 1st march, 1993 with a direction to the Income Tax Department to reconsider their decision for pre-emptive purchase of the property in view of the decision of the supreme Court in C. B. Gautam versus Union of India reported in JT 1992 (6) SC 678. In this Order, the Court noted the submission of the learned counsel for the respondent nos. 1 and 2 that they were entitled to interest in case of pre-emptive purchase.

( 5 ) BY Order dated 5th November, 1993, the Income Tax Department again reiterated its earlier order and passed an order for pre-emptive purchase of the property.

( 6 ) AGGRIEVED, the appellants herein filed Writ Petition (Civil) No. 4357/1993 which was allowed vide Judgment dated 17th December, 1997. By the said judgment, pre-emptive purchase Order dated 5th November, 1993 passed by the appropriate Authority was quashed. The Judgment dated 17th December, 1997 was affirmed by the Supreme Court.

( 7 ) THE appellants herein thereafter filed another Writ Petition (Civil)No. 5654/2001 against the Income Tax Department. This Writ Petition was disposed of on 12th December, 2001 with the direction that the appellants herein will deposit Rs. 22. 50 lakhs with the Income Tax Department and thereupon the said department will issue 'no objection certificate' in Form No. 37-I and thereupon possession of the property will be handed over by the said Department to the appellants herein. The claim of the Income Tax Department that interest on rs. 22. 50 lakhs should be paid by the appellants was rejected. It may be noted here that the respondent nos. 1 and 2 were not present in the Court when judgment dated 12th December, 2001 was passed. The said respondents thereafter filed an application, RA No. 2299/2002, for review of the said judgment. The said application was disposed of vide Order dated 16th March, 2002 with the following observations:-

"even in the writ petition, the applicant herein had not sought to be impl