RAJIV SAHAI ENDLAW, J.

1. The appeal impugns the judgment and decree dated 09.02.2004 of the Additional District Judge, Delhi dismissing suit No.94 of 1997 filed by the appellant for specific performance of an Agreement dated 13.03.1995 with the respondent for sale of agricultural land falling in Khasra Nos.1273, 1286, 1287, 1288, 1289, 1320, 1321 and 1322, total measuring 7.125 acres in village Punjab Khore, New Delhi.

2. Notice of the appeal was issued and appeal thereafter admitted for hearing on 16.02.2005. Vide ad-interim order of the same date, the parties were directed to maintain status quo with regard to the nature, title and possession of the said land. The Trial Court record was requisitioned. However the same on receipt was found to be incomplete and the record shows that the missing parts of the Trial Court record were reconstructed before the District Judge.

3. The counsels have been heard between yesterday and today.

4. The case of the appellant / plaintiff in the plaint was:

(i) that the respondent / defendant had represented himself to be the owner of the aforesaid land by virtue of a Family Settlement dated 28.05.1993 between the legal heirs of Late Sh. Datar