1. All the four appeals impugn the common judgment and decree dated 08.11.2012 of the Court of Additional District Judge (Central) 01, Tis Hazari Courts, Delhi in, (i) CS No.174/2011 (Unique ID No.02401C5180392004) filed by Ravinder Nath Sahni (hereinafter called “Sahni”) against M/s Poddar Construction Co. (P) Ltd. (hereinafter called “Poddar”) and Ms. Sabina Jajodia (hereinafter called “Jajodia”) inter alia for specific performance of an Agreement of Sale of immovable property and for cancellation of the sale subsequently effected by Poddar in favour of Jajodia; and, (ii) in CS No.182/2011 (Unique ID No.02401C6136542004) filed by Jajodia against Sahni for possession of the property sold by Poddar to Jajodia.

2. By the said judgment; (i) Sahni has been denied the relief of specific performance and has instead been granted the relief of compensation against Poddar; (ii) Sahni has been directed to, against receipt of compensation from Poddar, deliver the possession of the property to Poddar; (iii) the Sale Deed of the said property executed by Poddar in favour of Jajodia has been cancelled; (iv) Poddar has been directed to refund the sale consideration received from Jajodia to Jajodia; and, (v) the suit for possession filed by Jajodia has been dismissed.

3. Notices of the appeals were issued and vide interim order dated 20.03.2013, the operation of the impugned judgment and decree stayed. The appeals were on 16.07.2013 admitted for hearing. The counsel for Sahni and the senior counsels for Poddar and Jajodia have been heard.

4. Sahni, on 19.04.1988 instituted his suit for specific performance of Agreement of Sale of immovable property, only against Poddar. However subsequently Jajodia was impleaded as a party and the amended plaint filed and as per the last amended plaint dated 21.01.1994, the case of Sahni was:

(i) that Poddar and its associates were the owners of a number of pieces of agricultural land on either side of National Highway No.8 in the village of Kapashera within the Union Territory of Delhi; Sahni also happened to acquire tracts of land, either in his own name or in the name of his wife and son, in the vicinity of lands of Poddar;

(ii) that in 1981 one tract of land measuring 1.013 acres bearing Khasra Nos.757 & 758 was sold by an associate company of Poddar to Sahni;

(iii) thereafter in July, 1984 Poddar offered for purchase to Sahni the remaining tracts of land ad measuring about 12 acres held by Poddar;

(iv) five agreements were accordingly entered into between Sahni and Poddar and associate companies of Poddar;

(v) that the subject suit pertained to the Agreement for Sale by Poddar of a plot of land having an area of 2.01 acres, bearing Khasra Nos.692 (1-01), 693 (4-6) and 694 (4-6) of village Kapashera, for consideration of Rs.4,70,000/-;

(vi) that out of the total sale consideration of Rs.4,70,000/-, Sahni paid to Poddar a sum of Rs.10,000/-on 11.08.1984 and a Receipt-cum-Agreement was executed;

(vii) that further consideration of Rs.15,000/- was paid on 01.07.1987;

(viii) that possession of the plot was handed over to Sahni in pursuance of Agreement to Sell and has been with Sahni since then;

(ix) Sahni has since enclosed the plot with wire fencing and part boundary and has constructed superstructure of a farm house on the basis of a duly sanctioned plan and has also been growing crops on part thereof;

(x) that subsequently it was found that the land subject matter of all the five Agreements was mortgaged with Oriental Bank of Commerce (OBC) and huge amounts were payable to the said bank and owing whereto the transaction could not be completed; in fact Sahni arranged to pay huge monies directly to the bank and also persuaded the bank to release the land; for the said reason, registration in pursuance of three agreements (out of five) could take place only on 10.08.1987 i.e. exactly three years after the agreements; as far as the fourth agreement was concerned, out of total considerati