Sanjiv Khanna, J.

The plaintiff, Ms. Sneh Lata Gulliya, seeks specific performance of purported agreement to sell dated 26th January, 1996 marked a Exhibit PW1/1 in respect of flat No. 5-2, constructed on plot No. AC -8 (New No. R-8), Nehru Enclave, Kalkaji, New Delhi (hereinafter referred to as the property, for short). The defendants Mr. R.K. Gupta, Ms. Sunita Gupta and M/s. R.K. Gupta and Sons (HUF), dispute and deny the agreement to sell Exhibit PW1/1 and have stated that their signatures on the said agreement are forged and fabricated.

2. By order dated 7th December, 2000, the following issues were framed:

(1) Whether the plaintiff proves that the agreement to sell dated 26.1.1996 is executed in favour of the plaintiff by the defendants and thereby agreed to sell the immovable property bearing No. 5-2, R-8, Nehru Enclave, Kalkaji, New Delhi for the amount of Rs.22 lakh?

(2) Whether the plaintiff proves that the defendants pursuant to the aforesaid agreement to sell received Rs. 3 lakh by way of earnest money from the plaintiff and passed receipt dated 26.1.1996?

(3) Whether the plaintiff proves that he was and he is ready and willing to perform his part of the agreement?

(4