SANJAY KISHAN KAUL, J.

1. The two suits for specific performance are result of relationships which have gone sour. The specific performance is being sought in respect of proposed purchase of flats on the 4th floor of the building to be constructed on property bearing no.34, Feroze Shah Road, New Delhi (“the said property” for short). In suit No.571/1990 (“first suit” for short), an agreement to sell was executed while in respect of suit No.633/1990 (“second suit” for short) only a receipt for the money was executed. The receipt of money in both the cases is undisputed. The purchasers in the first suit are Mr.Mohan Lal Ahuja, his wife and children as per the agreement to sell dated 02.04.1988 for 1866 square feet on the 4th floor of the said property along with a garage while the receipt in the second suit dated 31.01.1988 is once again for a flat of 1866 square feet on the 4th floor of the said property. The phraseology used in the receipt is “provisional booking”. The second suit is filed by Smt.Veena Ahuja, who is the wife of the brother of Sh.Mohan Lal Ahuja, first plaintiff in the first suit. The common seller in the two suits is Sh. Tarun Chandra, who was undisputedly a family

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