( 1 ) THIS appeal is against the judgment and decree passed on 14. 3. 90 by Shri Prem Kumar, Commercial Sub Judge dismissing the plaintiff/appellant s suit.

( 2 ) ON 6. 3 80, a suit was filed by the plaintiff against one Shri H K. Mody, (now deceased and represented by his L R. s, the respondents), claiming a decree directing the deft. by a mandatory injunction to sign the deed of sale and to get the same registered in favour of the pff. It was alleged that by an agreement in writing dated 22. 10 71, the deft. contracted to sell to the pff. plot No. 21 block k in Hauz Khas, and the house constructed thereon for Rs. 1 80,000%. A sum of Rs. 40. 000. 00 was paid at the time of execution of the deed. The house was subject to mortgage with L. I. C. It was provided in the agreement that on pff. making payment of Rs. 80. 000. 00 to enable the deft. to redeem the house to enable him to transfer the property in pff. s favour, vacant possession would be delivered to the pff. The balance amount of Rs. 60. 000. 00 was payable at the time of registration subject to the deft. procuring Income Tax Clearance Certificate and redeeming the Life Insurance Mortgage. It is further alle