VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 05.09.2005 by which trial court has dismissed the suit for specific performance filed by the appellant/plaintiff with respect to the Agreement to Sell dated 18.07.1996 for the property on a plot of 22.5 sq yards situated at D-8, Old Seemapuri, Delhi, comprising of one shop, one room, staircase on the ground floor, two rooms, staircase on the first floor, latrine and bathroom on the second floor.

2. Before proceeding further, it requires to be stated that originally there were two plaintiffs in the suit, being the brother and sister, namely Sh. Mahender Lal Kapoor and Smt. Varsha Kapoor. These two plaintiffs were the proposed purchasers under the subject Agreement to Sell. Plaintiff no. 1 died during the pendency of the suit and he was therefore substituted by his mother Smt. Sita Devi, who also expired, and on the death of Smt. Sita Devi, the other legal heirs of Smt. Sita Devi being the siblings of the plaintiff no. 2, Smt. Varsha Kapoor, gave their no objections for the plaintiff