We have already noted that legal representatives of the deceases owners of the property, namely OP Nos. 2 & 3 are before this Commission & they can be directed that they should execute a sale deed alongwith OP1/builder in favour of the Complainants. However, considering the peculiar facts of this case and as there are too many legal representatives of deceased OP Nos. 2 & 3 we are not inclined to pass such an order against the legal representatives of original OP nOS. 2 & 3. OP1/Builder in the agreements for sale had solemnly undertaken that he had absolute authority to enter into agreements of sale of the flats alongwith proportionate share in the land, and,therefore, was bound to honor the said solemn promise, for whatever it is worth in favour of the Complainants.

Keeping back from the Complainants the death of his principals, OP Nos. 2 & 3, the owners of the property, at the time of execution of agreements of sale, and then accepting notices on their behalf from the Lr. District Forum and then filing a written version, without disclosing that thay were dead, is nothing short of a fraud played by the OP1/builder,and,therefore, we cannot allow him to take advantage of his own fraud.

For reasons aforesaid, we find there are no merits in these appeals which we proceed to dismiss with costs of Rs. 10,000/- to be paid to the Complainants, in each of the cases.