Sanjay Kishan Kaul, J.

1. The appellant filed a suit for specific performance of the agreement for sale of property No. B-4/3, Rajouri Garden, New Delhi in terms of a letter of the respondent dated 23.8.1978 and a receipt for earnest money of Rs. 5,000.00 dated 30.10.1978. The appellant at the stage of the said agreement was a tenant in part of the premises in suit. The total consideration agreed to was Rs. 1,10,000.00. The plaintiff claimed that assurances had been held out to him that documents of sale would be executed in his favour through various letters but to no avail and thus a legal notice dated 19.1.1982 was sent by the appellant expressing his willingness to perform his part of the contract with the balance consideration being ready with him but the same was denied vide reply dated 5.2.1982. The suit was verified on 9.2.1982 while it was filed on the Original Side of this Court on 23.4.1982.

2. The respondent raised various preliminary objections including the legality and validity of the documents, bar of time, delay and laches and unwillingness of the appellant to perform his obligations in making the balance payment. It was stated that on the visit of the app