Dalveer Bhandari, J.

( 1 ) THIS appeal is directed against the Judgmentand Decree dated 6/10/1976 passed by the Sub-Judge, Delhi, decreeingthe Suit of the plaintiff for specific performance of the contract.

( 2 ) THE brief facts which are necessary to dispose of the present appealare set out as under:

ON 24. 1. 1973, defendant agreed to sell and the plaintiff agreed topurchase the quarter no. 3/4, Double storey, Lajpat Nagar IV, Newdelhi, for a consideration of Rs. 16,000. 00. The defendant receivedrs. 1000. 00at the time of signing of the agreement and the plaintiffagreed to give another sum of Rs. 14. 000. 00 to the defendant before 31/03/1973 and another sum of Rs. 1000. 00 at the time of registration of the sale deed. It was agreed between the parties that thesale deed would be executed within 15 days of the receipt of thesale permission to be executed by the defendant in favour of theplaintiff or his nominee.

( 3 ) THE plaintiff filed a suit for specific performance of the contract onthe ground that the defendant failed to execute the sale deed within the stipulated time. It was further averred that the defendant also failed to give the vacantpossession of the quarter in questi

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