( 1 ) THIS appeal is directed. against judgment dated 7-1-77 of the learned Single Judge by which he dismissed the suit of the appellant plaintiff for specific performance for an alleged agreement dated 22-4-70 to allot and sell by execution and registration of sale deed in respect of 1400 sq. ft. space on the 13th floor of the building known as "surya Kiran" at 19, Curzon Road, New Delhi and to put him in full possession of the said property.

( 2 ) THE allegations are that he paid a sum of Rs. 55,000 to the respondent, towards the purchase price of flat Nos. 3 and 4 to be constructed on 13th floor of the aforesaid building, as part payment vide receipt No. 1130 dated 22-4-70. Later on. however, the appellant was told by the respondent that the plans for the 13th floor might not be approved. So on 18-4-70 appellant wrote to the respondent that in view of uncertainty, the respondent may retain Rs. 5,000 against each flat and refund the balance to the appellant. He further wrote that in case plan for the 13th floor was approved he will take those flats on payment of the due amount; otherwise he will be entitled to the refund of the said amount of Rs. 10,000 lying with the