Vipin Sanghi, J.

1. The present appeals are directed against the same judgment & decree dated 23.05.1996 passed in Suit No. 632/1988.

2. The afore-said suit for specific performance, possession & other incidental reliefs had been preferred by Late Smt. Saraswati Sharma w/o Late Shri Bhagat Ram, and their children, namely- Sh. C.M. Sharma, Smt. Om Rishi, Smt Shashi Kalia & Smt. Lalita Mathur, (Respondent Nos. 1 to 5 in both these appeals) against Defendant No.1 – Engineering & Industrial Corporation (P) Ltd (for short EICPL), appellant in RFA (OS) No. 23/1996, and Defendant Nos. 2 to 5 Smt. Kranti Devi, Shri Avinash Tyagi, Shri K.C. Tyagi and Shri Munish Tyagi, appellants in RFA (OS) No. 26/1996.

3. By the impugned judgment, learned Single Judge has decreed the aforesaid suit against EICPL, and against the other defendants, who have been held to be trespassers in respect of the property in question.

Facts

4. It was the plaintiffs case that EICPL had acquired 146 bighas, 15.1/2 biswas of land in village Naraina, near Pusa Institute and developed it into a Colony known as ‘Inderpuri Colony’. The project was sponsored by EICPL and was piloted by its sister concern ‘MOHANCO’.

5. Late Sh. Bhagat Ram (husband of Late Smt. Saraswati Sharma and father of Plaintiff Nos. 2 to 5) on 25.05.1951 booked a shop plot measuring about 100 sq. yds. @ Rs.12.50 per sq. yd. bearing Shop No.A-5. Rs.25/- was paid as earnest money to MOHANCO as per Receipt No.515 dated 25.05.1951 (Exhibit P-1). On 28.05.1951, a sum of Rs.287/8/- was paid on account of the balance earnest money by Shri Bhagat Ram to MOHANCO under Receipt No.641 (Exhibit P-2). In April 1952, the booking was changed to shop plot No.R-12. It was again changed to Shop plot No.A-12, which was about 110 sq. yds. (hereinafter referred to as “the suit property”). The rate per square yard remained the same. Shri Bhagat Ram in all had paid Rs.1,375/- by May 1952.

6. EICPL vide letter dated 14.03.1961 (Exhibit P-7) acknowledged the receipt of Rs.1,375/- towards full payment of the suit property and requested Shri Bhagat Ram to fill in and sign the memo form enclosed with the said letter and to sign on the standard form of the conveyance deed and also to pay a sum of Rs. 131/- on account of cost of stamp paper, registration charges etc. to enable EICPL to execute and register the conveyance deed of the plot of land in the name of Shri Bhagat Ram. The plaintiffs claimed that Shri Bhagat Ram returned the said memo form, duly filled in and signed, and also signed the standard form of conveyance deed and also paid Rs.131/-to EICPL.

7. The plaintiffs claimed that in part performance of the agreement, possession of the suit property was also given to Shri Bhagat Ram, who enclosed it by a brick boundary wall over which angle irons with barbed wires were later fixed. Thereafter, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 21.03.1964 by which the Government proposed to acquire the land in Inderpuri Colony. Consequently, EICPL postponed the completion of the sale deed. It was claimed that after the death of Shri Bhagat Ram on 25.05.1980, Plaintiff No. 2, Shri C.M Sharma contacted EICPL who agreed to execute the sale deed in favour of the plaintiffs but avoided the actual execution of the same, on some pretext or the other. In December 1980, Shri C.M. Sharma contacted Shri P.N Dutt, Director of EICPL, who agreed to execute the sale deed, but again avoided the execution of the same.

8. In or about the first week of March 1984 the Plaintiffs received a letter dated 28.02.1984 (Exh. PW-4/1) from one Shri A.K Vaid, a close relative of the Director of EICPL, requesting Shri C.M. Sharma to meet him in connection with the suit property. Shri C.M. Sharma met Shri A.K Vaid and Shri P.N Dutt, and was informed by them that, in or about December 1983, defendant Nos. 2 to 5 in the suit & one Late Shri Amrish Tyagi had trespassed into the suit property and that they were claiming t