JUDGMENT

M.L. Mehta, J.

1. This appeal is directed against the judgment dated 20th October, 2009 of the learned Single Judge whereby the suit of the appellant/ plaintiff being CS (OS) No.2906/1995 was dismissed. Facts giving rise to filing of the suit are that vide an agreement to sell dated 26th November, 1999, the property bearing number E-1/13, Vasant Vihar, New Delhi (hereinafter referred to as "the suit property") was agreed to be sold by the defendant no.1 to plaintiff for a total sum of Rs.2.6 crore. It is alleged that because the suit property was also agreed to be sold by the defendant no.1 to defendant no.2 M/s Gupta Brothers and that the suit property was mortgaged with defendant No. 3, that these parties were also arrayed as defendants. However, subsequently, defendant no.2 was deleted from the array of defendants.

2. Plaintiff's case as set out was that the defendant no.1 had represented him that the suit property was subject to an equitable mortgage in favour of defendant no.3/Bank for an outstanding credit balance of Rs.90 lac and he had agreed to get the same released from the Bank and thereafter to execute the sale deed in his favour. As per the agreement to se