RAJIV SHAKDHER, SANJAY KISHAN KAUL, JJ.

1. Mr. Vijay Gupta (respondent No.1 herein) filed a suit for specific performance, declaration, permanent & mandatory injunction as well as a decree of damages in the alternative against Shri Gursharan Singh Sandhu (for short „GSS?)/respondent No.2 in respect of flat No.113, 1st Floor, New Delhi House, Plot No.27, Barakhamba Road, New Delhi-110001 admeasuring 872 sq.ft. (hereinafter referred to as the „suit property?). Respondent No.1 alleged that GSS has represented himself as the owner of the flat and agreed to sell the same to him for a total consideration of `38,80,400.00, amount being calculated @ `4,450.00 per sq.ft. Respondent No.1 paid a sum of `1.00 lakh in cash as part payment to GSS for which a receipt was executed (Exhibit P-1), which reads as under:

“RECEIPT Received Rs.1,00,000/- (Rupees One lac only) by cash as payment from Mr. Vijay Gupta S/o Sh. Narinder Pal Azad R/o 497, Sector 16A, Faridabad against the sale of our flat No.113, situated at 1st Floor, New Delhi House, 27, Barakhamba Road, New Delhi-110001 admeasuring 872 sq.ft. for total consideration of Rs.38,80,400/- (@Rs.4,450/- per sq.ft.). Sellers shall pay all