V.K. JAIN, J

1. This is a suit for specific performance of the two agreements to sell both dated 16th September, 2009, perpetual injunction and mandatory injunction. The plaintiff has also made an alternative prayer for damages in case specific performance of the agreement to sell is not granted.

2. Property bearing BP No. 32, Nizamuddin East, New Delhi, admeasuring 1021 sq. metres was owned by Ms. Usha Bhagat. Vide agreement to sell dated 14th August, 1969, she agreed to sell her half undivided share in the property to her brother defendant No. 5 Mr. Venoo Bhagat. In a suit filed by Ms. Veenu, a decree for specific performance of the agreement to sell dated 14th August, 1969 was passed against Ms. Usha Bhagat, which led to execution of a sale deed/transfer deed dated 11th September, 2008 in his favour, in respect of half undivided portion of the suit property. During her lifetime, Ms. Usha Bhagat had also executed a Will dated 10th April, 2003 in respect of the suit property. In a petition, filed by the Executor of the aforesaid Will dated 10th April, 2003, Letter of Administration was granted by the Court in favour of defendants 1 and 2, who were the Executors of the Wil