PRADEEP NANDRAJOG, J.

CM No.2058/1998

1. While admitting the appeal on September 23, 1999 it was directed that CM No.2058/1998 would be taken up for hearing at the time of final hearing of the appeal.

2. Arguments were heard in the appeal and the application, on January 04, 2012.

3. We decide CM No.2058/1998 first.

4. The respondent Veena Mahajan filed a suit on 29.04.1988 seeking specific performance of an agreement to sell dated February 14, 1986 alleging that she had paid the appellant Sh. V.N. Verma a sum of Rs.40,000/-under the agreement to sell where under the appellant was obliged to sell plot bearing No.40, Chitra Vihar to her for a total sale consideration of Rs.1,50,000/-and that the balance sale consideration in sum of Rs.1,10,000/-had to be paid when the appellant was in a position to deliver vacant possession of the plot to her. That thereafter, on January 21, 1987 she paid a further sum of Rs.10,000/-to the appellant. She received a letter dated August 25, 1987 from the appellant informing her that the appellant was in a position to discharge his contractual obligations within seven days and thus called upon her to pay the balance consideration and get the t