( 1 ) THE plaintiff has filed the suit seeking specific performance of the agreement to sell dated the 14th of February, 1996 with reference to plot No40 situated at Village Khureji Khas measuring 360 sq. yds.

( 2 ) BRIEFLY stated, the case of the plaintiff could be related as under:-

( 3 ) THE defendant is the owner of the residential plot measuring 360 sq. yards. The defendant inherited the right from his mother the late smt. . Sushila Verma, whoas a member of the Bhatnagar s Cooperative House Building Society Limited. She died on the 25th of April, 1980 and the defendant, being the sole legal heir, had become entitled to it. The defendant entered into an agreement with the plaintiff for selling the plot for Rs. 1,50,000. 00. The terms and conditions are as under:-

"1. That the entire consideration amount of the said plot of land is fixed between the parties at Rs. 1,50,000. 00 (Rs. One lakh and fifty thousand only) out of which the first part has received the sum of Rs. 40,000. 00 (Rupees Forty thousand only) from the second party, under legal separate receipt, at the time of execution of this agreement, the first party both hereby acknowledge the receipt of the same and the balance sum of Rs. 1,10,000. 00 (Rupees One lakh and ten thousand only) shall be paid by the second party to the first party at the time of receipt of the letter of the Allotment of the particular number of plot from the office of the Registrar of Society, as per intimation received from the first party under registered A/d, without any hitch or delay.

2. That the first party shall deliver the vacant possession of the said plot of land to the second party at the time of receipt of the balance consideration of Rs. 1,10,000. 00 (Rupees one lakh and ten thousand only ). @subpara = 3. That the first party has assured the second party that the first party is the only legal heirs of the deceased mother and if it is proved otherwise, then the first party shall be liable and responsible for the cosequences.

4. That if any claimant will come forward and claim over the said plot of land or for transfer of the registration number of the Society which stands in the name of the said late Smt. Sushila Verma, mother of the first party, then the first party shall be liable and responsible for the consequences.

5. That the second party has assured the first party that the balance consideration amount of the said plot of land shall be paid by the second party to the first party within seven days from the date of receipt of the information as stated above.

6. That if the first party infringes the terms and conditions of this agreement, then the second party shall be entitled to get the completion of the sale of the said plot of land through the Court of law at the cost of the first party and if the second party fails to pay the said balance consideration amount of Rs. 1,10,000. 00 within the time stipulated above or refuses in writing to purchase the said plot of land from the first party within the time stipulated above, then the said sum of Rs. 40,000. 00 shall be forfeited and the first party shall be at liberty to resell the said plot to whom the first party wishes.

7. That the said plot of land which is to be allotted in the name of the first party is free from all kinds of encumbrances, sale, mortgage, charges, litigation, claim, will, gift, exchange whatsoever and if it is proved otherwise then the first party shall be liable and responsible for the same. "

( 4 ) THE plaintiff had paid a sum of Rs. 40,000. 00 on the date of agreement. The defendant was to deliver the vacant plot of land and on that date the plaintiff was to pay Rs. 1,10,000. 00 being the balance of consideration. On the 21st of January, 1987, the plaintiff paid Rs. 10,000. 00 to the defendant. Again, on the 26th of April, 1987, another sum of Rs. 10,000. 00 was paid by the plaintiff to the defendant. The receipt of the said amount was acknowledged by the defendant in his letter dated