V.K. JAIN, J.

CS(OS) 576/2005 & CCP No.94/2008

1. The case of the plaintiff is that defendant No. 1 Shri A. Das Gupta, who has since expired during pendency of the suit, had, vide agreement to sell dated 29.01.2005, agreed to sell the ground floor of the property No. 186, Golf Links, New Delhi, along with basement rights and 40% undivided interest in the land as also the right of first refusal in respect of first and second floor to him, for a consideration of Rs 3.30 crores and accepted advance amounting to Rs 10 lakh from him. It is further alleged that pursuant to the said agreement, the plaintiff carried out due diligence and it transpired during the course of due diligence that the property in question was actually an HUF property. It is further alleged that defendant No. 1, through his broker Askok Narang, sent a draft sale deed showing himself to be the sole owner of the property and agreeing to split the sale into two parts, one a sale deed and the other a fittings and fixtures agreement. The draft

sale deed, therefore, had to be changed and defendant No. 1 agreed that he would get defendants 2 and 3 signed the sale deed. It is further alleged that pursuant to a