Najmi Waziri, J.:

1. This suit seeks specific performance of an agreement to sell dated 24.04.2000 (hereafter ‘agreement’) in respect of property bearing No. 16, Poorvi Marg, Vasant Vihar, New Delhi-110057 (for short ‘suit property’), admeasuring 1219 sq. yds. It is not in dispute that Rs. 1.125 crores, i.e., 15% out of the total sale consideration of Rs. 7.50 crores stands paid.

2. Although the suit was instituted against one Mrs. Kalawati Mathrani (hereafter ‘deceased defendant’), she passed away on 25.08.2005. Hence, her Legal Representatives (for short LRs) namely Mr. Ranjit Mathrani, Mr. Nirmal Mathrani, Ms. Aparna Choudhary and Ms. Sheila Mathrani were brought on record and impleaded as defendant Nos. 1 to 4. Issues were framed on 08.10.2007.

Issue wise contentions and findings

Issue No. (i): Whether the plaintiff was ready, willing and able to perform its obligations under the Agreement to Sell dated 24.04.2000? OPP.

3. Mr. Anil Sapra, the learned Senior Advocate appearing for the plaintiff drew the attention of the Court to a letter dated 10.08.2000 (Ex. PW-1/G) whereby the deceased defendant’s son (defendant No. 1) intimated the plaintiff that one of the two requisit