S. RAVINDRA BHAT, J.

1. These two appeals involve common questions of fact and law. In one, the appellant was plaintiff, (CS (OS) 51/2006- hereafter "the possession suit"); he sought a decree of possession of the suit property (No. K-70B, Hauz Khas Enclave, New Delhi-110016) and mesne profits at Rs. 2.50 lakhs per month from 01.07.2005. In the second suit (CS(OS) 2279/2006 referred to hereafter as “the specific performance suit” or “the Purchaser’s suit”), the appellant landlord (hereafter "Dr. Jindal" and also referred to as "Vendor") was arrayed as a defendant, by the plaintiff, proposed buyer/tenant, Friedrich Ebert Stiftung (hereafter "purchaser" or "tenant"); the plaintiff/Purchaser claimed a decree for specific performance. The landlord's suit was dismissed and that of the Purchaser was decreed. Therefore, these two appeals.

2. The two suits were consolidated by the order of Court dated 28.04.2009 in CS(OS) 51/2006. The possession suit was premised on the footing that an Agreement to Sell- dated 01.11.2004- between the parties- was no longer binding on the landlord/proposed seller and latter had no rights of a lessee in the suit premises. Dr. Shiv Pal Jindal was the owner of the suit property; however, landlords of the suit property were Dr. Shiv Pal Jindal, his Hindu Undivided Family (HUF) and Dr. Ms. Vijay Lakshmi Jindal (his wife). The specific performance suit filed by Purchaser sought specific performance of the Agreement to Sell dated 01.11.2004. The Purchaser sought the execution of sale deed in its favour of the suit property from the owner landlord.

3. The Agreement to Sell between the parties, dated 01.11.2004 (Ex. P1) was admitted during the trial. According to the document, sale consideration was fixed at Rs. 2.30 crores. Rs. 1 lakh was given to the proposed seller at the time of entering into the Agreement to Sell and balance sale consideration (Rs. 2.29 crores) was payable at the time of execution and registration of the sale deed, and for which a period of two months was fixed. The two months was extendable by a like two month period. During this time, the Purchaser had to secure permission of the concerned authorities (RBI/Government of India) to buy the suit property. This was because the Purchaser is not an Indian national but a German NGO. The relevant stipulations of Ex.P1 are extracted below:

"1. The Vendor agrees to sell and subject to clear and marketable title being established to the satisfaction of the PURCHASER, and the other terms and conditions set out in this Agreement. The PURCHASER agrees to purchase the aforesaid schedule property for a total consideration of Rs.2,30,00,000/- (Rupees Two crore and thirty lakhs only) free from all encumbrances.

2. As part of the sale consideration, the Purchaser, has at the time of execution of this Agreement, paid to the Vendor a sum of Rs.100,000/- (Rupees one lakh). The Vendor has delivered to the Purchaser certified copies of the title documents of the Property to the Purchaser in consideration of the Purchaser entering into this agreement and paying a sum of Rs.100,000/- as stated above. The title documents comprise of the following:

Sale deed (Old, notarised photocopy) Partition deed Court order Mutation Order Sanction letters and plans (notarised photocopy)

3. The Purchaser agrees to pay the balance sale consideration of Rs.2,29,00,000/- (Rupees Two crore twenty nine lakhs only) to the vendor at the time of registration of the property in the name of the Purchaser by way of a sale deed or deeds as the case may be and execution of other documents as may be required by the Purchaser.

4. It is agreed by the parties that, the sale transaction shall be completed within a period of 2 months from the date of this Agreement and the Purchaser shall pay the above referred balance sale consideration of Rs.2,29,00,000/- (Rupees two crore twenty nine lakhs only) as agreed, and the VENDOR shall convey the said property by means of one or more sale dee