( 1 ) THE plaintiff has filed the Suit seeking Specific Performance and also damages. The defendant No. 1 is Mrs. Nimnii Singh. The second defendant Dr. Achhar Singh was the father-in-law of the first defendant and he died pending the suit The third defendant M/s Mahender Jain and Company was a property broker who was set ex parte. The fourth defendant, the Under Secretary, Land and Buildings Department, Delhi Administration, Delhi was deleted vide order dated 24. 4. 1981.

( 2 ) THE suit is against the first defendant Mrs. Nimmi Singh. The plaintiff has prayed for the following reliefs :

(A) direct/make the defendants I and 2 to fulfil/complete the specific performance of their part of the contract i. e. in terms of the agreement to sell (Annexure a ) enter and execute/register sale deed of the said plot of land as mentioned in the agreement to Sell as subject matter of the sale.

(B) that respondents 1 and 2 be directed to give the vacant possession of the plot in question at the time of execution of the sale deed.

(C) that in addition to the above the defendants land 2 may be further directed to pay Rs. 1 takh or more as damages as may be assessed by the Hon ble Court at the time of conclusion of the suit and passing of the final orders and decree in the suit for causing intentionally abnormal delay in performing his/her part of the contract and thus causing great loss in construction costs above to the plaintiff as he could construct his house earlier when all material used in construction as well as labour was almost 50% cheaper than what it is today and there same may further become much more costly by the time the suit is decreed/sale deed is executed.

( 3 ) BEFORE noticing the pleadings,the facts culminating in the filing of the suit have to be stated. In 1963 the first defendant Mrs. Nimmi Singh had purchased this suit property Plot No. 9, Block A, Green Park, New Delhi. It is the case of the plaintiff that the first defendant Mrs. Nimmi Singh was represented by her General Power of Attorney Dr. Achhar Singh. The property is described as Plot of land bearing No. Plot No. 9, Block A, Green Park, New Delhi, measuring 601 sq. yds (502. 44 sq. mt ). The total consideration fixed was Rs. 3,00,000. 00. A sum of Rs. 15,000. 00 was paid as an advance. Clause 3 of the agreement provides as follows: Clause 3-That the Vendor has disclosed and has informed the Purchaser that her husband Dr. Satwant Singh is the owner of half share in built up property bearing No. J-18, Hauz Khas, New Delhi, so her and her husband s property (joint) comes under the celling of Urban Land Ceiling Act and they have applied for the exemption from the Ceiling Act and are hopeful to get the clearance very soon. However, if due to any reason the said property is not released and cleared from the Urban Land Ceiling Act or unnecessary delayed even more than three months, in that case the Purchaser own claim for refund or can have the amount paid refunded at any time he likes. Clause 4 reads as under : Clause4-That the Vendor hereby undertakes that he shall within ninety days after getting the clearance of the said plot from the Urban Land Ceiling Act shall obtain income tax clearance certificate required under Section 230-A of the Income Tax Act, 1961 from the Income tax authority and also secure requisite permission for sale from the Competent Authority required under the Urban Land (Ceiling and Regulations)Act, 1976. The Vendor being the British National shall also secure the permission to sell from the Reserve Bank of India.

( 4 ) UNDER Clause 5 of the agreement the Vendor undertook to intimate, after getting the income tax clearance certificate and the permission for sale, the agreement vendee and and vendor had agreed that on such intimation from the agreement vendor within 15 days the sale deed would be completed. It is stated in Clause 9 that the sale transaction was brought about by M/s Mahender Jain and Co. , Property Dealer, Green