Prathiba M. Singh, J.

1. Late Col. S. R. Sen, with the hope of acquiring a property in the South Delhi colony of Chittaranjan Park approached Shri Ratan Dass a local property dealer in December 2000 to find a suitable house property. Shri Ratan Dass identified G-1397, Chitranjan Park, New Delhi-19 (hereinafter the ‘suit property’) owned by Shri Partho Biswas, Shri Prithwis Biswas, Shri Prathano Biswas and Shri Uma Shankar Khan (hereinafter referred to as ‘owners’), who were legal heirs of the original owner late Smt. Kamalini Biswas. She had expired on 20th February, 1990 and her property devolved upon her four legal heirs impleaded as Defendant Nos.1 to 4 in the suit.

2. When the property was identified for purchase by Col. Sen, the mutation in the name of the owners had not yet been effected. Col. Sen had agreed that he would bear the expenses for getting the property mutated in favour of the owners from the L&DO. Accordingly, Shri Ratan Dass applied on behalf of Col. Sen to the L&DO for mutation of the property. The charges for the mutation and towards unearned inc