JAYANT NATH, J.

1. The plaintiff has filed the present suit seeking specific performance of Agreement to Sell dated 12.10.2007. As per the plaint the defendant is the Karta of M/s. Chander Mohan Kalra, HUF and owner of property C-36, Inderpuri, New Delhi which is a plot measuring 500 sq.yards. The property was bought by the father of the defendant on 4.2.1966. The father of the defendant died on 23.4.2002 leaving behind a Will dated 5.3.1984. The defendant filed a Probate Petition where he was granted the probate by judgment dated 19.4.2006. The sisters of the defendant had filed their No Objection Affidavits. The defendant is a permanent resident of USA.

2. It is stated that in August 2007, a property dealer Shri Vijay Gupta made an offer for sale of the suit property to the plaintiffs. Pursuant to negotiations with the defendant a sale price of Rs.2.40 crores was agreed upon. It is pleaded that the defendant handed over copies of all past sale deeds, Will dated 5.3.1984, probate petition and the entire records. On 16.8.2007 the plaintiffs got prepared from Citi Bank in the name of the defendant a draft for Rs.5 lacs but the defendant was not available. The parties met on