MR. JUSTICE S. RAVINDRA BHAT

1. In this appeal, the unsuccessful plaintiff impugns the judgment and decree dated 17.10.2012 of a learned Single Judge dismissing his suit [CS(OS) 576/2005] which claimed a decree of specific performance.

2. The plaintiff’s case was that the first defendant, representing himself as the sole owner of the property bearing no 186, Golf Links, New Delhi (suit property), entered into an Agreement to Sell dated 29.01.2005 to sell ground floor of that property, along with basement rights and 40% undivided interest in the land. It was stated that the right of first refusal in case of sale of first and second floors was also agreed upon. The consideration agreed was Rs. 3.30 crores; a cheque for Rs 10 lakh was paid as advance by the plaintiff. The plaintiff further alleged while reviewing a draft Sale Deed dated 12.02.2005, it came to his knowledge that the first defendant was not the sole owner of the property, which was a HUF (Hindu undivided family) property. Upon negotiation, the defendant agreed that he would get the second and third defendants (other members of the HUF) to sign the Sale Deed. The plaintiff further corresponded through letter dat