1. This is an appeal filed by the Appellant (hereinafter referred to asA Plaintiff) against the order dated 19th July 2007 passed in I.A. No. 7904/2006 in CS(OS) No.558/2006 allowing the application under Order VII Rule 11 CPC filed by the Respondents (hereinafter referred to as Defendants) for rejection of the plaint on the ground that it does not disclose a cause of action.

2. The case of the Plaintiff in the trial court was that the Plaintiff filed a suit seeking relief of a decree of specific performance of an agreement to sell dated 19th December 2004 in respect of HIG/Ground Floor Flat No.1, Akash Kunj Apartment, Sector-9, Rohini, Delhi (hereinafter referred to as suit property).

3. The sale consideration of Rs. 27,75,000/- was agreed between the parties for the suit property.

4. The Plaintiff paid Rs.4 lac to the Defendant No.1 as earnest money, Rs.2 lac by cash and Rs.2 lac vide cheque bearing No. 458943 dated 19th December 2004 drawn on Punjab National Bank, Ashok Vihar Branch, Delhi favouring Mr. Deepak Bansal against

receipt-cum-agreement which is dated 19th December 2004 and filed on the trial court record.

5. It was stated in the plaint that the Def