( 1 ) THIS is a suit for specific performance of an agreement to sell dated 8. 11. 1994 in respect of House n0. 8/15-A, West Patel Nagar, New Delhi measuring 100 sq. yards.

( 2 ) THE case of the plaintiff, briefly stated, is that the defendant is the co-owner of a House constructed on Plot NO. 8/15-A, West Patel Nagar, New delhi-8. The defendant approached the plaintiff for sale of his share in the said house measuring about 100 sq. yards and showed him the copies of the documents in 2 support of hie title. The plaintiff agreed to purchase the said house for a sum of Rs. 27 lacs and accordingly, an agreement dated 8. 11. 1994 was entered into between the parties. The plaintiff paid a sum of Rs. l lac to the defendant. Re. 50,000/- were paid in cash and rs. 50,000/- were paid by a crossed cheque. The agreement was signed by the parties and attested by two witnesses. It was also agreed that a formal agreement on a non-judicial stamp paper of Rs. 2/- would be executed on 9. 11. 1994 recording the terms and conditions which were orally agreed upon by the parties. The plaintiff purchased a stamp paper of Rs. 2/- for the said purpose and got the agreement typed out. However,