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 Cement Limited agreed to purchase the entire 12th floor on similar terms and sale were reduced to writing by the exchange of two letters, one dated September 30,1970 addressed by the Plaintiff to Defendants No. 1 and the other addressed by Orissa Cement Limited to Defendants No. 1 and the two letters dated October 1,1970 addressed by Defendants no 1 and said Shri Hans Raj to the Plaintiff and the other addressed to ORISSA Cement Limited in respect of the 12th floor and the Defendants substituted the Plaintiff companys name in place of Orissa Cement limited in respect of 12th floor in October, 1973.

4. It was then pleaded that the Plaintiff company who were to pay to the Defendants a total purchase/sale price of Rs. 23,58,109.00 calculated at the rate of Rs. 123.50 per sq. ft. of the exact carpet area of the 11th and 12th floors, which carpet area is 19.094 sq. ft. for both the floors, have instead paid a sum of Rs. 23,11,302.50 calculated at the rate of 95% of the price at the approximate carpet area of 19,700 sq. ft. for both the floors.

.5. It was further averred that on or about July 22, 1976 the Defendants wrote a letter to the Plaintiff company wherein the Defendants demanded from the Plaintiff company a sum of Rs. 1,18,200.00 calculated at the rate of Rs. 6/- per sq, ft, of the estimated carpet area of the Plaintiff companys floor area in both the 11th and 12th floors for establishment of an electric sub-station which the Defendants.said was required to be provided under the New Delhi Municipal Committee rules. The Plaintiff company without realizing that the said demand was wholly illegal and that the Defendants were not entitled under the terms of the contract to demand the said payment however by mistake and inadvertence paid over to the Defendants on July 23,1976 vide their cheque No. 763901 dated July 23, 1976 drawn on Punjab National Bank, Janpath, New Delhi a sum of Rs. 1,18,200.00, which cheque was encashed by the Defendants. It was pleaded that the Defendants obtained this payment by wrongful inducement and wrong representations, despite their knowledge that the agreement of purchase and sale qua the 11th and 12th floors of the said building specifically incorporated the incidence of the said expenditure in agreed sale/purchase price. It is stated that the Defendants had, therefore, illegally deprived the Plaintiff company of the use and enjoyment of the said money for nearly three years and have unlawfully enjoyed the use thereof.

6. The Plaintiff company made a claim of Rs. 23,11,302.50 calculated at the rate of 95% of the price calculated at Rs. 123.50 per sq. ft. for both the floors and the above said sum of Rs. 1,18,200.00 thus totaling to Rs. 24,29,502.50. According to the Plaintiff company the exact carpet area is 19,094 sq. ft. a