JUDGMENT 24.07.2009

1. These are applications by the plaintiff under Order XXXIX Rules 1 and 2 CPC and by the Defendant under Order XXXIX Rule 4 CPC in a suit for specific performance of an agreement dated 23rd August 2007 whereby the defendant agreed to sell to the plaintiff property at 381, Pocket 5, Ground Floor, Sector 22, Rohini, Delhi admeasuring 60 sq. m. The total consideration of the property was Rs. 21 lakhs. The plaintiff paid to the defendant an earnest money of Rs.2 lakhs as part of the total consideration. It was agreed that the plaintiff would pay Rs. 2 lakhs after execution of the conveyance deed in favour of the defendant and the balance consideration would be paid at the time of the execution of final conveyance deed and handing over of the physical possession of the property. This was agreed to be done within forty-five days from the date of conversion of the property into freehold.

2. The Plaintiff states that thereafter the plaintiff had been requesting the defendant verbally as well as telephonically to get the property converted into freehold. In March 2008, the plaintiff learnt that the defendant was in the process of selling the premises to a third party w

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