Pradeep Nandrajog, J.

1. Sapan Chopra son of Late Sh.V.K.Chopra and his mother Madhu Chopra are the owners of plot bearing Municipal No.72, Kohat Enclave, Pitampura, Delhi on which a 2½ storeyed building exists. Desirous of refurbishing by carrying out extensive repairs, additions and alterations in the existing building, and having no finances to do so, Sapan and his mother Madhu entered into an agreement, Ex.P-1 on August 11, 2004, with M/s.Ultimate Builders & Developers Pvt. Ltd. through its Director Sh.Subhash Gupta. As per the agreement, M/s.Ultimate Builders & Developers Pvt. Ltd. agreed to renovate, make additions and alterations in the ground floor and purchase the first and the partly constructed second floor above together with roof rights at a consideration of Rs. 43,50,000/- (Rupees Forty Three Lacs and Fifty Thousand only). As recorded in Ex.P-1, M/s.Ultimate Builders & Developers Pvt. Ltd. paid Rs. 8,00,000/- (Rupees Eight Lacs only) as earnest money-cum-part sale consideration to Sapan and his mother Madhu.

2. Since Sapan and Madhu had inherited the property from the original allottees Tilak Raj Chopra and Kiran Bhatija and mutation in the Government reco