1. This is a suit claiming a decree for specific performance of the agreement to sell dated 23.04.1981 / 05.05.1981 and for directing the defendant No.1 to execute the sale deed in respect of plot No. 226, Block-A, New Friends Colony, New Delhi (hereinafter referred to as ‘the said plot’) in favour of the plaintiffs. The plaintiffs have also sought a decree declaring that the plaintiffs are the absolute owners in possession of the super-structure standing on the said plot.

.2. The plaintiffs, who are brothers, have pleaded that the defendant

.lessor, The New Friends Cooperative House Building Society Ltd being the lessee and the defendant No.1 being the sub-lessee. Clause II(5) of the said sub-lease required the sub-lessee (defendant No.1) to construct a residential building for private dwelling on the said plot within a period of two years. It is further pleaded that because the defendant No.1 was not possessed with sufficient funds and was unable to erect the building, the defendant No.1 entered into negotiations for the sale of the plot to the plaintiffs in consideration of payment of Rs 1,80,000/-. It is further pleaded that the agreement to sell dated 2