VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 15.9.2004, by which trial court has decreed the suit for specific performance filed by the respondent/ plaintiff and has directed the appellant/defendant to execute the sale deed with respect to the suit property being the ground floor and the first floor of the property no. 254, part of Khasra No. 378, measuring 160 sq. yards, Masjid Moth, New Delhi.

2.(i) The facts of the case are that the respondent/plaintiff filed the subject suit for specific performance of the suit property pleading that appellant/defendant had on 18.8.2000 received the total sale consideration of Rs. 15 lacs and had executed the following documents in favour of the respondent/plaintiff:-

“(a) Agreement to sell dated 18.8.2000.

(b) General Power of Attorney dated 18.8.2000 duly registered with SR-VII.

(c) Will dated 18.8.2000 duly registered with SR-VII.

(d) Indemnity Bond dated 18.8.2000.

(e) Affidavit dated 18.8.2000.

(f) A receipt for Rs. 15 lacs dated 18.8.2000.

(g) Possession letter dated 18.8.2000.”

(ii) It was als