A contract contains certain stipulations and specific performance is the actual execution of the contract when a party to the contract does not perform its obligations thereunder.

( 1 ) THE plaintiff has filed the present suit for specific performance of a contract dated 16th October 1985 regarding sale of plot No. E-554, Greater Kailash Part II, New Delhi, measuring 275 Sq. Yards by the defendant in favour of the plaintiff and for delivery of possession thereof.

( 2 ) THE case of the plaintiff is that on 16th October, 1985, the defendant agred to sell plot of land measuring 275 So. Yds. bearing No. E-554 (Part), Greater Kailash Part-11, New Delhi to the plaintiff for a total consideration of rupees eleven lacs. A receipt for the sum of rupees one las which was paid in cash by the plaintiff to the defendant was executed on the same date. The said receipt itself contains the terms and conditions of the agreement between the parties. The case of the plaintiff is that the said document, though titled as a receipt, is in fact a contrect which is signed by both the parties and the plaintiff seeks specific performance of the same. The plaintiff has further stated in the plaint that it had been repeatedly requesting the defendant to accept the further sum of Rs. 3,40,000 in terms of the Agreement dated 16th October, 1985 and deliver possession of the plot but the defendant had been avoiding the same on one pretext or the other. The plaintiff states that ultimately on 16th November, 1985 it got a draft for Rs. 3. 40. 000 prepared in favour of the defendant and a telegraphic information regarding tills was sent to the defendant, requesting him lo accept the said payment and to complete the formalities regarding the agreement. In spite of this, the defendant was not willing to accept the said payment. In response to the said telegram, the defendant telegraphically informed the plaintiff that there was no agreement dated 16th October, 1985 and the defendant was not willing to accept the payment offered by the plaintiff. The defendant also made a reference to a notice dated 10th November, 1985 in the said telegram which was issued by counsel for defendant to the plaintiff repudiating the agreement dated 16th October, 1985. It is the case of the plaintiff that the contents of the notice show that the defendant was resting from the agreement. According to the plaintiff, the stand taken by the defendant in the said notice was totally false and illegal and the defendant could not resile from the said agreement and his obligation to perform his part of the contract. In para 12 of the plaint, the plaintiff has averred it readiness and willingness to perform its part of the contract and that the plaintiff has always been ready to pay the amount in terms of the agreement. On the basis of these assertions, the plaintiff has come to this Court seeking specific performance of the contract dated 16th October, 1985.

( 3 ) THE defendant filed its written statement in which the execution of the receipt dated 16th October, 1985 is not disputed. The receipt of rupees one lac in cash on 16th October, 1985 is also admitted. However, the defendant has raised the. following defences in support of his prayer that the plaintiff is not entitled to any relief and the suit be dismissed :---

" (I) The document dated 16th October, 1985 is not a contract which can be specifically enforced. According to the defendant, it is a mere receipt . (ii) Even if the document is taken to be a contract, it is not enforceable at law for want of mutuality. (iiij Time was of the essence of the contract and the plaintiff has failed to perform his obligations under the contract within the specified time. Therefors, the plaintiff is not entitled to the relief of specific performance. (iv) The property which is the subject matter of the contract, has not been identified. Therefore, the alleged agreement is vague and no relief can be granted on its basis in favour of the plaintiff. (v) The plaintiff has failed to satisfy the statutory requtrement as per Section 16 (c) of the Specific Relief Act. "

( 4 ) THE plaintiff filed a replication to the writ