(1.) The brief facts as stated by the plaintiff in the plaint are as follows:-
(2.) The plaintiffs have led evidence of Shri Jai Gopal Goyal, plaintiff No. 1 herein, by way of affidavit. The defendant was proceeded ex-parte by the order of this Court dated 8th May, 2001. The evidence of plaintiff No. 1 in support of the averments in the plaint remained unrebutted. Consequently, the plaintiffs are entitled to succeed and are entitled to a decree for specific performance claimed in the suit. The plaintiffs have averred that they always were and still are willing to perform their obligations under the agreement dated 18th February, 1994. I accordingly pass a decree of specific performance in favour of plaintiff and against the defendant. The plaintiff shall deposit a sum of Rs.40 lakhs payable to the defendant as per the requirement of Order XX Rule 12A within eight weeks from today. The defendant is therefore directed to complete and specifically perform the agreement dated 18th February, 1994 and execute the requisite documents of title in favour of the plaintiffs in respect of the property at C- 254, Defence Colony, New Delhi. In case the defendant fails to execute the documents within 12 weeks from today, the Deputy Registrar (Original Side) of this Court, Shri D.S. Thakur is directed to execute such documents under this decree, and shall be paid a sum of Rs.20,000/- for this purpose. On execution of such documents of title the amount of Rs.40 lakhs shall be payable to the defendant.
(3.) A sum of Rs.40 lakhs payable to the defendant under the agreement between the plaintiffs and the defendant dated 18th February, 1994, shall be deposited by the plaintiffs for payment to the defendant in this Court within eight weeks from today.