HIMA KOHLI, J.

( 1 ) THE present appeal is directed against the judgment and decree dated 13th October, 2006 passed by the learned Additional District Judge in a suit for specific performance and permanent injunction instituted by the appellant against the respondents.

( 2 ) BRIEFLY stated the facts of the case are that the appellant, plaintiff in the court below, agreed to purchase the property bearing No. E-67, Moti nagar, (hereinafter referred to as 'the suit premises') from the respondents, defendants in the court below. While there is no dispute about the fact that the appellant had paid a sum of Rs. 4 lacs as earnest money to the respondents (a sum of Rs. 2 lacs having been paid on 21st January, 1996 and the balance sum of Rs. 2 lacs on 2nd February, 1996), the parties are not at ad idem in respect of the sale consideration of the suit premises. While it was the case of the appellant that the suit premises was agreed to be purchased by him for a sum of Rs. 10 lacs, the respondents contended that the sale consideration was fixed at Rs. 35 lacs.

( 3 ) IN the plaint, it was averred by the appellant that the receipt dated 2nd February, 1996 was in fact a receipt-cum-agreement