( 1 ) THE plaintiff filed a suit for specific performance alleging that the defendant Nos. 2 to 12 were the owners of the premises No. 79/7 Lathouche Road, kanpur Nagar. They had appointed the defendant no. 13, Bharat Property Dealers, as the auctioneer to -sell the entire property no. 79/7 in seven different parts. The auctioneer advertised the seven parts of the premises for sale through an auction. Part one of the premises in question was put to auction on 23-6-1977. The plaintiffs bid of rs. 40. 000/- was the highest and was accepted by the auctioneer. A sum of Rupees 1000/- in cash and a sum of Rs. 9. 000/- by a cheque was paid by the plaintiff on the spot and a receipt was issued to the plaintiff. A sale certificate dated 23-6-77 was issued by the auctioneer in favour of the plaintiff. It was alleged that the defendant Nos. 2 to 12 were required to obtain the requisite permission from the prescribed authority under the urban Land (Ceiling and Regulation) Act, 1976 and, only thereafter, the sale deed was to be executed upon the receipt of the balance amount. The plaintiff further alleged that the defendant Nos. 2 to 12 obtained the permission to sell the prop