Valmiki J. Mehta, J.

1. The subject suit is a suit for specific performance. The plaintiffs seek specific performance with respect to 36 bighas and 13 biswas of agricultural land comprising in Mustatil No.7, Kila No.1(35-13), Mustatil No.24, Kila No.1/1 (1-0). The plaintiffs rely upon two agreements to sell. The first agreement to sell is the written agreement to sell dated 27.8.1988 and the second agreement is an oral agreement to sell dated 7.1.1989. As per the 1st agreement to sell dated 27.8.1988 (Ex.PW4/1/Ex.P1) the subject land comprising 36 bighas and 13 biswas was agreed to be sold at Rs. 3 lacs per acre. The total price comes to about Rs. 22.5 lacs as stated to me by the counsel for the parties during the course of final arguments. Under the first agreement to sell dated 27.8.1988, the plaintiff No.1 paid a sum of Rs. 1.7 lacs. Under the agreement to sell since part of the subject land was occupied by the encroachers and who had constructed jhuggis, chawls, jhopries and hutments etc, the defendant No.1- proposed seller was to get the encroached portion vacated within 70 days and thereafter had to apply to the necessary authorities for taking permission for selling