S.RAVINDRA BHAT

1. The Appellant challenges a judgment and order of a learned Single Judge of this Court, decreeing OS No. 1394/79. The appellant was arrayed as defendant in the respondents’ suit which sought decree of specific performance of the agreement to sell (hereafter “the agreement”) dated 6.6.1977 (executed by the appellant in their favour) and consequential decree for possession (of ground floor part) and also for damages.

2. The plaintiffs had contended that the Defendant No. 1 (hereafter “the appellant”) executed the agreement to sell the property No. 227 in Block E, Greater Kailash, New Delhi measuring 208 sq. yards in their favor for a consideration of Rs. 2,00,000/-. They had paid Rs.1,00,000/-(Rs. 21,000/-as earnest money and Rs.79,000/-as advance part payment) to him on 9.6.1977 at the time of execution and presentation for sregistration of the agreement before the Sub-Registrar. The appellant had delivered vacant physical possession of the first and second floors of the said property to them. The sale was to be completed by the appellant within 81 days of obtaining the No Objection Certificate from the competent authority under the Urban Land (Ceiling a