( 1 ) FOR the decision in these IAs 11343/00 and 8693/00, certain background facts about the suit are required To be stated.

( 2 ) THIS suit for specific pert o r m a nce and permanent injunction has been filed in respect of the property No. W-- 137, Greater Kailash-II, New Delhi being residential property measuring 400 sq. , y ar d s. , The case of the plaintiff is that. a receipt-cum-agreement to sell dated 4-12-99 had been executed for total, sale consideration of Rs-30 lakhs, out. of which Rs 1 lakhs was paid on the same day, half in cash and the other half t hrough cheque bearing No. 161362 dated 4-12-99 drawn non state Bank of Hyderabad, Kailash Colony, New) delhi.

( 3 ) ACCORDING to the plaintiff, the main covenants agreed by and between the parties are as under:-

(A) The balance payment of Rs. 29 lakhs shall be payable at the time of execution and registration of the sale Deed in favour of the plaintiff or his nominee in the office of Sub Registrar , Delhi;

(B) In case the purchaser wants to have the possession of the property, then he will make the payment of 50% of the total sale consideration including the aboves aid part payment and the ba1ance 50 % wi11 b