VALMIKI J. MEHTA, J.

(DICTATED IN OPEN COURT IN THE PRESENCE OF PARTIES)

1. This is a suit for specific performance of the agreement to sell dated 10.2.1995 with respect to the property bearing no. G-6 (previous no. C-63) Maharani Bagh, New Delhi (herein after referred to as the ‘suit property’) situated on a plot of 800 sq. yards. Plaintiff is the proposed buyer and the four defendants in the suit are the proposed sellers. Defendant no. 1 is the owner of 50% share in the suit property and defendant nos. 2 to 4 are the joint owners of the other 50% share in the suit property.

2. The case pleaded by the plaintiff is that the parties entered into the subject agreement to sell dated 10.2.1995 with respect to the suit property for a total sale consideration of Rs.2.55 crores. At the time of entering into of the agreement to sell in terms of the agreement to sell a total sum of Rs.45 lacs was paid by the plaintiff to the defendants, though it is now the admitted position on record that defendants did not receive a sum of Rs.45 lacs but received only a sum of Rs.37 lacs before the entering into of the agreement to sell. Plaintiff has pleaded that it is the defendants who are guilt