( 1 ) THIS is defendant s appeal. Suit of the plaintiff-respondent was decreed by judgment dated 24 December 1982 of the Additional District Judge, Delhi, for specific performance of an agreement to sell in respect of property being plot of land bearing No. H-45, Kalkaji, New Delhi. Defendant is the mother of Dina Nath who as owner entered into an agreement, to sell the aforesaid suit plot, with the plaintiff. The suit plot measures 200 sq. yds. and the sale consideration agreed to wasrs. 60,000. 00. A sum of Rs. 5,000. 00 was paid as advance by the plaintiff to Dina Nath and the balance amount was to be paid at the time of registration of the sale deed. This agreement (Ext. Public Witness 2 /1) was registered with the Sub Registrar, New Delhi. Dina Nath was having perpetual leasehold rights in this suit plot under a lease deed granted by the President of India on 8 February 1977. Under the agreement to sell, Dina Nath was required to file an application with the Land and Development Office/competent Authority, Delhi, for obtaining permission to sell he suit plot and was also required to obtain income-tax clearance certificate from the income-tax department. Dina Nat