Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 24th November, 2001 (of the Court of Additional District Judge (ADJ), Delhi in Suit No.278/1993) of dismissal of the suit for specific performance of an Agreement of Sale of immovable property filed by the appellant and the respondent No.3 Sh. N.K. Jain.

2. The suit was filed on 11th March, 1983, pleading:

(i) that the deceased respondents/defendants No.1 & 2 namely Sh. Ratnu and Sh. Sarjeet, both sons of Sh. Thakar Dass were Bhumidars of land admeasuring 19 bighas and 4 biswas bearing Khasra Nos.13/22, 13/23, 13/24 and 26/4 in Village Deoli, Tehsil Mehrauli, New Delhi;

(ii) that the respondents/defendants No.1 & 2 had entered into an Agreement to Sell of the said land with the respondent No.3 Sh. N.K. Jain; it was agreed that the respondents/defendants No.1 & 2 will be paid for the sale of their land @ Rs.60,000/-per acre; they were paid a sum of Rs.24,000/- as part payment and the balance money will be paid to them at the time of registration of the Sale Deed; that the respondents/defendants No.1 & 2 were to obtain ‘No Objection Certificate’ (NOC) from the Competent Authorities as well as the