( 1 ) THE plaintiff has filed Suit No. 1385 of 1989 for specific performance of an agreement to sell dated 7-10-1988, by which 1/3rd out of land measuring 62 bighas 1 biswa, situated in village Bijwasan, Tehsil Mehrauli, New Delhi, was agreed to be sold. According to this agreement, the amount which was payable was at the rate of Rs. 5,05,000. 00 per acre. According to the plaintiff, a total Sum of Rs. 25,07,690,. 00 was payable as a total sale consideration.

( 2 ) IT is asserted that some money has been paid in part to the defendant.

( 3 ) I had got the statement of the plaintiff and the defendant recorded in Court on 1-11-1989. According to the statement recorded, the plaintiff had never seen the defendant, but had paid cash money through his representative on various occasions, totalling Rs. 2,50,000. 00. All these moneys were paid on different dates by cash. This money was paid through Sukhbir Singh, who was also examined in Court.

( 4 ) STATEMENT of the defendant, Gopi Chand, was also recorded in Court. He stated that he was prepared to sell his land to the plaintiff on receiving the money due under the agreement dated 7-10-1988.

( 5 ) DEDUCTING the amount of Ru