VALMIKI J. MEHTA, J.

1. This suit for specific performance is filed by the plaintiff/Company Shree Aadhiya Build Well Pvt. Ltd. Plaintiff is the proposed purchaser under the Agreement to Sell dated 4.11.2006. Four defendants to the suit are the proposed sellers under the Agreement to Sell dated 4.11.2006 (defendant no.4 is the mother who had 50% share and who expired during the pendency of the suit and is now represented by defendant nos. 1 to 3 who are three sons). The land which is the subject matter of the Agreement to Sell dated 4.11.2006 comprises of 41 bighas and 16 biswas of land bearing Khasra no. 19//19 (6-16) (wrongly recorded as 0-16 in the agreement), 22 (4-16), 23 (6-16), 24(2-1), 21//11 (4-16), 19/3 (2-6), 20 (4-16), 21 (4-16) and 22 (4-13) situated in the Revenue Estate of Village Baprola, New Delhi-110043.

2. The total sale consideration as per the agreement to sell was Rs.7 crores. A sum of Rs.72 lacs was paid in terms of the Agreement to Sell dated 4.11.2006. Whereas defendant nos. 1 to 3 were paid a sum of Rs.12 lacs each, defendant no.4 was paid a sum of Rs. 36 lacs. These payments were made by means of cheques drawn on ABN Amro Bank and as stated in pa