( 1 ) THIS suit was filed a score years ago complaining that though an Agreement for the sale of 35, Babar Road, Bengali Market, New Delhi for Rs. 4. 90 lakhs, had undisputable been arrived at between the parties, the Dependent had refused to complete the contract. The Defendant, to the contrary, asserts in the Written Statement that it was the Plaintiff who failed to honour this Agreement and hence the Defendant had no alternative but to end it. Hence this action for the specific performance of the Written Agreement dated 8. 9. 1978 has come to be filed.

( 2 ) THE plaint sets out that the Agreement was executed by the Plaintiffs and Defendant No. 1 for himself and for Defendant No. 2 as his duly constituted attorney. The Plaintiffs paid Rs. 30,000. 00 to the Defendants on 8. 9. 1978 itself. The balance to be paid in two stages - Rs. 2. 6 lakhs at the time of possession and the execution of the Sale Deed and Rs. 2 lakhs with in two years from the date of possession, together with interest thereon at 10 percent per annum on the completion of the transaction. The payment of Rs. 2 lakhs contamplated at the second stage is indeed remarkable; almost always the entire