J.M. Malik, J.

1. The respondent filed a suit for specific performance which was decreed by the Trial Court and its finding was confirmed by the Appellate Court. Aggrieved by those two judgments the instant second appeal has been preferred. The appellant agreed to sell property No. 1809, measuring 350 square yards situated in Panna Mamurpur, Narela, Delhi in favor of the respondent vide Agreement to Sell dated 18.07.1995 for a consideration of Rs. 2,00,000/-. Earnest money of Rs. 1,00,000/-was paid to the appellant by the respondent. It was stipulated that the appellant would execute the Sale Deed within a period of 18 months. At the time of execution of Agreement to Sell the original Sale Deed of the property and the vacant physical possession of the part of the property was handed over to the respondent by the appellant and the appellant promised to hand over the possession of the remaining property at the time of receipt of balance payment of Rs. 1,00,000/- at the time of execution of Sale Deed. The respondent kept on enquiring from the appellant regarding the sale permission and other formalities which were to be completed by the appellant but the appellant put off the