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Ashok Bhushan, J.:— This Civil Appeal by the plaintiff has been filed against the judgment of High Court of Delhi dated 19.7.2005 dismissing the Regular Second Appeal of the appellant.

Brief facts of the case necessary to be noted for deciding this Civil Appeal are:—

(a) The parties shall be referred to as described in the plaint. The plaintiff filed Suit No. 541 of 1990 praying for specific performance of a contract dated 04.01.1987 Plaintiff's case in the plaint was that defendant No.

2 representing himself to be power of attorney holder of defendant No. 1, his brother, entered into an agreement to sell dated 04.01.1987 for a plot of land measuring 150 sq. yds.

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for a consideration of Rs. 60,000/-. Rs. 5,000/- was paid by the plaintiff towards earnest money to defendant No. 2. Plaintiff claims that possession was also handed over. On 07.01.1987, the terms of the agreement to sell were modified by enhancing the cons