JUDGMENT

1. The plaintiff Capt. Rajesh Sethi, has filed a suit for Declaration that the Agreement to Sell dated 14.01.2004 executed by his father, Col. P.C. Sethi, defendant No.1 in favour of Shri Ravinder Nangia, defendant No.2 is void ab initio & non est, a Mandatory Injunction to direct defendant No.1 to cancel the Agreement to Sell and also Permanent Injunction to restrain the defendants from creating third party interest on the suit property in furtherance of the Agreement to Sell.

2. A civil suit is filed by Sh. Ravinder Nangia (defendant no.2 in afore mentioned Civil Suit No CS(OS) 436/2000 ) seeking Specific Performance of Agreement to Sell dated 14.01.2004 entered into by him with Col. P. C. Sethi, and in the alternative specific performance in respect of the share of Col. P.C. Sethiub or a refund of Rs. 39,00,000/- & damages of Rs. 75,00,000/- along with interest @ 18% per annum.

3. All the parties are concordant that defendant No.1 Col. P. C. Sethi, who is the father of the plaintiff Capt. Rajesh Sethi, having lost all assets in Pakistan, had applied and obtained provisional allotment of a 325 sq. yards plot bearing No. C-269, Defence Colony, New Delhi (hereinafter referred