J.R. MIDHA, J.

1. The appellant has challenged the judgment and decree for specific performance passed by the learned Trial Court. The appellant was the defendant and respondent was the plaintiff before the learned Trial Court. For the sake of convenience, the appellant and the respondent shall be referred to as per their ranks in the plaint as the defendant and plaintiff respectively.

2. Plaintiff‘s case – The plaintiff instituted a suit for specific performance, declaration and permanent injunction against the defendant on 21st August, 1997. The case set-up by the plaintiff in the plaint is as under:-

2.1 On 5th July, 1996, the plaintiff entered into an agreement with the defendant to purchase the property bearing No.53, New Krishna Nagar, Delhi – 110051 built over land admeasuring 133.25 Sq. yds., hereinafter referred to as the suit property‘ for a total sale consideration of 13,95,000/-. The plaintiff paid a sum of 1,50,000/-to the defendant as earnest money which was recorded in the agreement dated 5th July, 1996.

2.2 On 22nd August, 1996, the defendant in continuation of the agreement dated 5July, 1996, executed another agreement relating to the suit property in favour