O R D E R

1. Heard Mr. Mukul Rohatgi, the learned senior counsel appearing for the petitioner (original defendant no.1) (vendor).

Signature Not Verified Digitally signed by C DH atA eN : 2D 0R 2E 5.S 0H 5.26 1 Reason:

2. We take notice of the fact that the respondent no.1 is the original plaintiff and the respondent no.2 before us is the subsequent purchaser of the suit property.

3. It appears from the materials on record that the plaintiff entered into an agreement of sale with the petitioner herein dated

17.02.2001.

4. The sale consideration fixed in the agreement is Rs.74.80 lakh. Rs.25 lakh is said to have been received by the petitioner herein by way of earnest money. In terms of the agreement the sale deed was to be executed within a period of 60 days from the date of the execution of the agreement. On 25.02.2004 the petitioner herein served a notice to the plaintiff(s) terminating the agreement. On 11.03.2005, the plaintiff instituted a suit for specific performance. On 26.11 2005, the suit property came to be sold to the defendant no.2 i.e the respondent no.2 before us.

5. The suit came to be dismissed. The trial court declined to grant decree of specific performance, as prayed fo