JUDGMENT

Valmiki J. Mehta, J. (ORAL)

1. This is suit for specific performance. The agreement to sell in question is dated 26.9.1988 (Ex.P1) entered into between the plaintiff as the prospective purchaser and the defendants as the prospective sellers. Defendant no.1 acted as an attorney for and on behalf of the defendants no. 2 to 4 at the time of the execution of the agreement to sell. The total sale consideration was Rs.48,50,000/-. The defendant no.1 for and on behalf of the defendants received a sum of Rs.4,50,000/- as advance. In the plaint, the plaintiff specifically admits that with respect to the subject land there were acquisition proceedings going under the Land Acquisition Act, 1894. There is a reference to notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 in paras 3 and 5 of the plaint. Para 7 of the plaint mentions of an Award being passed acquiring the land on 6.6.1987 i.e. about 9 months before the agreement to sell was entered into between the parties on 26.9.1988. The plaintiff pleads that the defendants were guilty of breach of contract inasmuch as they failed to obtain the permissions to sell the property from the Income Tax Authority and fr