JUDGMENT :

Jyotsna Rewal Dua, J.

1. Defendant No. 1 was the builder and defendant No. 2 was the owner of the property in question. Pursuant to advertisements issued by these defendants, the plaintiffs applied for a specific flat built by defendant No. 1 in the Group Housing Scheme. Defendant No. 1 accepted plaintiffs’ application for allotment on 28.08.1995. Plaintiffs paid an amount of Rs. 1,10,000/- in all to defendant No. 1. The flat in question was, however, not sold to the plaintiffs. According to the defendants, the flat was sold to defendant No. 3 in October, 1998. On 01.03.1999, the plaintiffs instituted the civil suit for specific performance of agreement dated 28.08.1995. The suit was decreed on 03.11.2006. Against this judgment and decree, two original side appeals have been preferred i.e. OSA No. 15 of 2016 jointly preferred by defendants No. 1 and 2 and the other OSA No. 1 of 2017 has been preferred by defendant No. 3. Plaintiff No. 1 and defendant No. 2 have died during the pendency of these appeals and have been substituted by their legal representatives. Arising out of common judgment & decree dated 03.11.2006 and involving common issues of facts and law, these appeal