JUDGMENT

MOHAN, CJI. —This appeal by special leave is preferred against the judgment of the High Court of Delhi at New Delhi passed in R.F.A. (O.S.) No. 15 of 1975 dated 26-10-79, reversing the decree for specific performance passed by the learned single Judge in O.S. No. 463 of 1971.

2. The short facts leading to this appeal are as under:

On 26-8-71, an agreement for sale was entered into between Kamal Rani and Chand Rani. This agreement was entered into through the husband of Chand Rani, Niranjan Nath. Under the terms of the agreement, Kamal Rani agreed to sell her house and property comprising of a free-hold plot bearing No. 30 Block K, Green Park, New Delhi (Village Kharera), measuring 311 sq. yards with a double-storeyed residential building constructed thereon along with fittings and fixtures for a sum of Rupees 1,78,000/- in favour of Chand Rani. On the date of execution a sum of Rs. 30,000/- was paid by way of earnest money. The agreement stipulated that a further sum of Rs. 98,000/- was payable within 10 days of the execution of the agreement. The balance of Rupees 50,000/- was to be paid at the time of registration of sale deed. It was agreed between the parties that Kamal