Briefly stated, the case of the petitioners was that, the 1st petitioner entered into an agreement, dated 19.05.2004, with the respondent for purchase of two Flats, bearing Nos.401 and 402 of NCL Homes, Krishna Apartments, Madhapur, Ranga Reddy District, for a consideration of Rs.40 lakhs, and out of it, a sum of Rs.20 lakhs was paid, on the date of agreement itself. It is stated that, on account of certain developments, the parties could not adhere to the commitments and an understanding was arrived at between the 1st petitioner and the respondent to the effect that the latter may sell one flat, and execute the sale deed in respect of the other. Accordingly, the respondent is said to have executed a sale deed, on 05.01.2005, in respect of Flat No.402, in favour of third parties. Therefore, the 1st petitioner intended to transfer his rights in respect of the other flat in favour of the 2nd petitioner and with the participation of the sole respondent, a tripartite agreement, dated 11.04.2005, is said to have been entered into, stipulating various conditions. The petitioners submit that, though there is a recital in the agreement, dated 11.04.2005, to the effect that first of them, has handed over the original of the agreement, dated 19.05.2004, and the receipt, to the second of them, those documents were with the respondent, and she did not return them, in spite of repeated demands. Ultimately, the suit was filed for specific performance, as indicated above.
