Manmohan Singh, J.

1. This is an appeal filed by the Appellants (hereinafter referred to as Defendants) against the judgment and decree dated 11th October, 1985 passed by learned Single Judge of this Court whereby the Respondent (hereinafter referred to as Plaintiff) suit for recovery which arises out of a transaction for sale and purchase of 11th and 12th floor on the multi-storeyed building known as Hansalaya situated at 15, Barakhamba Road, New Delhi was partly decreed.

2. The brief matrix of the facts necessary for disposal of this appeal are that the Plaintiff is a company registered under the Companies Act. In 1970, Defendants No. 1 and Shri Hans Raj, the predecessor-in-interest and title to Defendants No. 2, approached the Plaintiff company with an offer to sell office accommodation in the then proposed multi-storeyed building called Hansalaya. The Plaintiff company agreed to purchase the entire 11th floor at a price computed at the rate of Rs. 123.50 sq. ft. of the exact carpet area which was at the time when the agreement of sale and purchase entered into estimated at approximately 9850 sq. ft. besides other terms, conditions and assurances.

3. Similarly Orissa Ce