S. Ravindra Bhat, J.

1. An unsuccessful plaintiff appeals the decision of a learned Single Judge, dismissing his suit for specific performance of an agreement to sell dated 18.02.2005 (“Agreement” hereafter) in respect of property bearing No. E-23, Kalindi Colony, New Delhi (hereinafter referred to as the “suit property”). The plaintiff had also claimed a mandatory and permanent injunction.

2. The facts found- and undisputed in the appeal are that on 18.02.2005, the plaintiff and the defendant (Ambrish Garg) executed the Agreement by which the latter (i.e. the defendant) agreed to sell the entire ground floor of the suit property with a right to construct the basement for which a sale deed was to be executed at a later date. The agreed terms stipulated that parties would jointly demolish the property and reconstruct upon it within a period not exceeding five years. The basement and ground floor then were to fall to the plaintiff’s share and the first and second floor, to the defendant’s share. The garage, drive-way, passage and the terrace floor were to be common to both parties. The consideration of the agreement was Rs. 27 lakhs paid by the plaintiff to the defendant on t