JUDGMENT :

M.Y. Eqbal, J.

The question that needs consideration in the instant appeal is as to whether the so called agreement to sell dated 6.1.1995, which is extracted hereinbelow, is enforceable in law for passing a decree for specific performance of contract. The said agreement reads as under :-

“RECEIPT + AGREEMENT DATED 6.1.1995

Received a sum of amount Rs.2,30,000/- (Two Lac Thirty Thousand) from Karan Singh S/o Sh. Basti Ram R/o Village and PO Mahipal Pur New Delhi-110 037 on sixth January, 1995 against our DDA alternative plot F.No.32(5)113/87/L&B/Alt./2511 dated 11.8.1989 in the name of Sh. Jaishi S/o Sh. Ram Saran R/o V&PO Mahipalpur New Delhi. The total area of the above said plot is 400 Sq.Yds. The total premium settled for the above said plot is Rs.4,60,000/- (Four Lacs Sixty Thousand) will be given at the time of receive the lease after execution at the Registrar Office. No payment will be given in between.”

Sd/-

Jaisi Ram

In the presence of S/o Ram Saran

J.N. Sehrawat Village Mahipal Pur

V& PO Mahipal Pur

New Delhi-110037.

2. The trial court after recording the evidence decreed the suit of plaintiff-respondent for specific performance and the High Court by the i