S. RAVINDRA BHAT, J.

1. An unsuccessful plaintiff whose suit for decree for specific performance was dismissed, appeals the decision of a learned single judge.

2. The facts, to the extent they are uncontroverted, are that the plaintiff entered into an agreement to purchase the suit property i.e. D-104 Defense Colony (hereafter “the suit property”) on 27.06.2008. The total consideration agreed to be paid to the defendants by the plaintiff was Rs.15.80 crores in terms of the agreement to sell-which was exhibited in court during the trial as Ex. PW-1/2, the plaintiff did pay the sum of Rupees one crore, at the time of execution of the agreement and also that the further sum of Rs. 60 lakhs was paid on 05.08.2008. According to the plaintiff a further amount of Rs. 5 lakhs was paid to a representative of the defendant vendors. This was disputed; likewise the plaintiff's assertion that he paid Rupees one lakh a day before entering into the agreement to sell was also disputed. Two conditions stipulated in the agreement are important: one that the entire transaction was to be completed within 100 days or in other words on or before the 06.10.2008. The second condition was that sinc