1. The Plaintiff, Mr. Ganesh, has filed this suit for specific performance against Mr. Kailash Chand, the Defendant, for a direction to the Defendant to perform the obligations under the Agreements dated 18th June 2004 and 14th September 2004 and execute a registered Sale Deed in favour of the Plaintiff in respect of the Defendant’s 1/3rd share (2 bigha and 8 biswas) out of Khasra No.28/11, Village Kakrola, New Delhi and deliver to the Plaintiff the vacant possession thereof. The other relief is for injunction, restraining the Defendant from alienating, transferring or parting with the possession of the suit property to anyone except the Plaintiff. As an alternative prayer, the Plaintiff seeks compensation/damages in the sum of Rs.8,00,000, in addition to the refund of the sum of Rs. 8,00,000 paid by the Plaintiff to the Defendant as earnest money.

2. According to the Plaintiff, the aforementioned two agreements were entered into between the parties, whereby the Defendant agreed to sell to the Plaintiff the suit property for a total consideration of Rs. 20,00,000. It is stated that the Defendant received a token sum of Rs. 2,00,000 on the date of the signing of the agree