Rajiv Sahai Endlaw, J.

1. The plaintiff has sued for specific performance of the Agreement dated 14th May, 2005 of sale of property No.J-3/37, Rajouri Garden, New Delhi and for permanent injunction restraining the defendant from dealing with the said property in contravention of the said Agreement, pleading:-(i). that the defendant had vide Agreement to Sell dated 14th May, 2005 agreed to sell the property to the plaintiff for a total sale consideration of Rs.30 lacs out of which Rs.6 lacs was paid as earnest money at the time of execution of the Agreement to Sell and another Rs.4 lacs was paid on the asking of the defendant on 19th May, 2005; (ii). that at the time of the agreement, a portion of the property agreed to be sold was occupied by the two brothers of the defendant who had in the year 1982 filed a suit with respect thereto against the defendant and which was at the time of Agreement to Sell still pending consideration; (iii). that the said suit filed by the brothers of the defendant was withdrawn on 1st August, 2005 by filing an application under Order 23 Rule 3 of the CPC and the said brothers of the defendant vacated the property and the defendant came into