V.K. Jain, J.

1. This is a suit for specific performance of the agreement to sell dated 20th April, 2006 and for grant of injunction. The case of the plaintiff is that vide an agreement to sell dated 20th April, 2006, defendant No. 1 agreed to sell plot No. 50 measuring 100 sq. meters at Rangapuri, Vasant Kunj, New Delhi to her for a consideration of Rs. 3 lakhs and received a sum of Rs. 2,90,000/- from him leaving a very small amount of Rs. 10,000/- as the balance sale consideration. It is also alleged that the plot, subject matter of the agreement was initially allotted by the DDA to the father of defendant No. 1, who died on 18th March, 2006 and defendant No. 1, claiming to be the sole successor of his father, entered into the abovementioned agreement with the plaintiff. Since defendant No. 1 failed to execute the sale document in favour of the plaintiff, she is seeking specific performance of the agreement and injunction restraining defendant No. 1 from selling, transferring or assigning the aforesaid plot to any person.

2. In his written statement, defendant No. 1 has alleged that one Sukhbir Singh approached him in March, 2006 and enquired as to whether he had been allotted any plot by the DDA in its rehabilitation programme. When he told him that no plot had been allotted to him, Sukhbir Singh told him that his name figured in the serve list of 1971-72 for allotment of plots and further told him that he could help in getting a plot allotted to him from the DDA. Sukhbir Singh took a sum of Rs. 10,000/- from him towards expenses changes. He was then taken by Sukhbir Singh to one Naresh Kumar, who offered loan to him and also offered to purchase his entitlement to the plot at the rate of Rs. 90,000/- per sq. meter. It is further alleged by defendant No. 1 that he agreed to sell his entitlement to Naresh Kumar whereafter he was taken to the office of Sub-Registrar and his signatures were obtained on various papers. He also claims that the contents of the document were got signed from him but were not explained to him. A sum of Rs. 1,00,000/- was deposited by Sukhbir Singh and Naresh Kumar in his account. He was then taken to Syndicate Bank where his signatures were obtained on some papers and some money was given to him, which was taken by Naresh Kumar from him. He has also claimed that Rishal Singh died on 18th March, 2006 leaving behind his widow Smt. Sarabati, five sons and two daughters and he was not the exclusive owner of plot No. 50, Block-A situated at rehabilitate site Nangal Dewat and his entitlement was only 1/8 share in the aforesaid plot. It is also alleged that the allotment of plot No. 50 in Block-A was cancelled by the DDA and they were allotted plot No. 11 in Block-1, in Village Rangpuri, New Delhi in lieu of the plot acquird in Village Nangal Dewat, which belonged to late Shri Rishal Singh.

3. I.A. No. 3125/2010 has been filed by Karambir Singh, Hanumat Singh, Bhim Singh, Rajesh Kumar and Sharbati Devi. Sharbati Devi is the mother of defendant No. 1 whereas the other applicants are his brothers. It is alleged in the application that the plaintiff is seeking specific performance of an agreement to sell with respect to a property, which is co-owned by the applicants, defendant No. 1 and two other persons namely Shakuntala and Suresh Bala, who are the sisters of defendant No. 1. Their case is that since late Rishal Singh died intestate, all of them inherited the aforesaid plot being his Class-I legal heirs.

4. The application has been opposed by the plaintiff, who has denied the co-ownership claimed by the applicants.

5. A perusal of the allotment letter dated 19th June, 2007 issued by the DDA in respect of plot No. 50, Block-A, in Village Rangpuri shows that the allotment was made to the legal representatives of Rishal S/o Neki (Julahan) resident of Village and Post Office Nangal Dewat, New Delhi in lieu of the plot acquired in the aforesaid village. A perusal of allotment letter dated 28th July, 2008 issued by t