( 1 ) THIS is a suit for the specific performance of the agreement to sell dated 29th September, 1979 entered into between the parties whereby the defendant Shyam Dhawan agreed to sell his House No. E69 Tagore Garden, New Delhi, to the plaintiff for a total price of Rs. 1,55,000. 00 out of which a sum of Rs. 10,000. 00 was paid by the plaintiff to the defendant as earnest money which comprised the following amounts in the following manner:

A) Cash amount of Rs. 1,000. 00 on 10th September, 1979;

B) Cheque for Rs. 4,000. 00 dated 12th September, 1979;

C) A Bank Draft for Rs. 5,000. 00.

( 2 ) UNDER the terms of this agreement to sell the defendant was to obtain the sale permission from the Delhi Development Authority (hereinafter to be referred to as the DDA ) he being the perpetual lessee of the plot underneath the house in question, as also income-tax clearance certificate, at his own cost and expense and then execute the sale deed and to have the same registered against the receipt of the balance sale price. The defendant was also bound to give vacant possession of the house in question to the plaintiff.

( 3 ) THE defendant sent an affidavit pro forma on 15th October, 1979 to the pla

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