VALMIKI J. MEHTA, J (ORAL)

1. The subject suit being decided by this judgment is a suit for specific performance filed by the plaintiff, Sh.Madan Mohan against the defendant, Smt. Sheel Gulati. Plaintiff seeks specific performance of the Receipt-cum-Agreement dated 5.10.2005 with respect to the property bearing no. BN-53, Shalimar Bagh (East), Delhi. The agreed total sale consideration was Rs.2.39 crores of which plaintiff claims that he paid a sum of Rs.25 lacs on the date of execution of the Agreement to Sell dated 5.10.2005. In terms of the Agreement to Sell, plaintiff had to pay further sums of Rs.50 lacs upto 20.1.2006 and Rs.25 lacs upto 20.2.2006. The case of the plaintiff is that when he went to the defendant for making payment of these amounts, the defendant refused to accept the same and therefore the plaintiff is entitled to specific performance. Plaintiff pleads that he sent a Legal Notice dated 24.1.2006 to the defendant and thereafter filed the subject suit. Plaintiff also pleads that he has always been and is even today ready to perform his part of the contract and make the payments as per the agreed schedule.

2. Defendant has filed the written statement p