( 1 ) THE Plaintiff has filed this suit for recovery of Rs. 12,20,000. 00 under Orr XXXVII of the Code of Civil Procedure, 1908. In the plaint it has been averred that On 16. 12. 1996 an agreement was entered into between the parties for the purchase of WZ 431 Sri Nagar, Shakur Basti, Delhi, for a total consideration of Rs. 30,00,000. 00 ; and thereupon Earnest Money of Rs. 3,00,000. 00 was handed over by the Plaintiff to the Defendant. The Defendant had covenanted to hand over possession of the property on the execution of a Power of Attorney on 16. 3. 1996 (palpably this is a mistake and should read as 16. 3. 1997) on the receipt of the balance sale consideration of Rs. 27,00,000. 00. This Agreement further witnessed that if the Defendant fails to perform his obligations then he would be liable to pay double the amount of Earnest Money. Thereafter a further sum of Rs. 3,00,000. 00 was paid by the Plaintiff to the Defendant on 27. 12. 1996 and this ttyment was acknowledged on the same receipt dated 16. 12. 1996. These facts are not in dispute.

( 2 ) IT is averred by the Plaintiff that the Defendant started avoiding the Plaintiff and for this reason the latter wro