Valmiki J. Mehta, J.

1. This suit for specific performance has been filed with respect to property being Plot No. QP-57, Maurya Enclave, Pitampura, Delhi-34 measuring approximately 150 sq.yds. The plot is built upon and it has a two and a half storey structure on the same.

2. The plaintiff admits that the suit property belongs to the two brothers-defendants no. 1 and 2. It is pleaded that the defendant no.1 entered into a receipt-cum-agreement with the plaintiff on 21.11.1995 (Ex.P1/Ex.PW1/1) whereby the defendant no.1 was said to have agreed to sell not only his half portion, but also the half portion belonging to the defendant no.2. It is the case of the plaintiff that the defendant no.1 agreed to get the consent of defendant no.2 to sell his other half portion to the plaintiff. Total sale consideration was fixed at Rs.29 lacs and of which the plaintiff paid the defendant no.1 a sum of Rs. 1,00,000/- on 21.11.1995. The plaintiff is said to have made a further payment of Rs.2,50,000/- on 26.11.1995 when another receipt-cum-agreement (Ex.P2/Ex.PW1/2) was signed, again only between plaintiff and defendant no.1. The plaintiff thereafter states that the parties entered into an