MR. JUSTICE S.RAVINDRA BHAT

1. The present appeal questions the decision of the learned Single Judge dated 05.10.2006 whereby the unsuccessful plaintiffs’ suit claiming specific performance of a contract for sale of immovable property was dismissed. Briefly the facts are that in the suit, the plaintiff relied upon an agreement said to have been entered on 06.05.1995, whereby the defendants (respondents in this case), and hereafter called “sellers” agreed to convey a 190 sq. yard residential plot, being A-66, Saraswati Vihar, Delhi (hereafter called “the suit property”), for total consideration of Rs. 25 lakhs. The plaintiff had relied upon a receipt-cum-agreement which contained the terms of the contract. It was also alleged that the contract was to be completed within 100 days; the initial advance of Rs. 25 lakhs was paid. The plaintiff alleged that after entering into the contract, the seller, i.e. Nanak Chand, died, sometime in the second week of August 1995. It was submitted that the plaintiff approached the heirs of the seller, i.e. his children and widow. In the suit, it was alleged further that at that time, the legal heirs of the seller agreed to abide by the contr