Rajiv Shakdher, J.

1. This is an appeal filed by the original defendants against order dated 03.12.2010 passed by the learned Single Judge in IA No.9657/2008 in Suit no.1440/2008. The appellants had filed the said application under the provisions of Order 7 Rule 11 read with section 151 of the Code of Civil Procedure, 1908 (in short the Code) seeking a rejection of the plaint on the ground that it lacked cause of action as, according to them, there was no legally enforceable “agreement to sell” in existence.

2. In order to decide the appeal it would be useful to advert to the broad averments in the plaint made by the respondent.

2.1 Respondent, who is the original plaintiff, avers in his suit for specific performance qua a Memorandum of Understanding (in short MOU) dated 23.12.2005, that the appellants by virtue of the said MOU had agreed to the sale of their undivided 1/3rd share in the property being: plot no.15, block no.172, Jor Bagh, New Delhi-110 003 (in short the suit property).

2.2 It is averred that the total consideration for sale of the suit property was fixed at Rs.3,87,50,000/-. It is alleged that towards the said consideration, in the first instance, a cheque of