( 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