PRATHIBA M. SINGH, J.

I.As. 4533/2017 (u/O VII Rule 11 CPC), 13083/2017 (u/O XXXIX Rule 4 CPC)

1. The brief background of the present suit is that an agreement to sell in the form of receipt-cum-agreement was entered into in respect of property bearing No. J-2/16, Ground Floor, Rajouri Garden, New Delhi along with 50% rights in the land underneath (hereinafter ‘suit property’) between the Plaintiff and the Defendant. The document was in the form of a receipt-cum-agreement dated 23rd February, 2011, which reads as under:

“RECEIPT CUM AGREEMENT

J2/16, G.F. Rajouri Garden, New Delhi

Received A sum of rupees 5,00,000/- (Five Lakh Only) in cash from Shri Ajit Pal Singh. As advance sale consideration in respect of sale of property No. J-2/16, measuring 176 sq. yards (entire Ground Floor) with 50% rights in the property (in the Land Beneath) for a total sale consideration of Rs. 4,11,00,000/- (Four crores eleven lac only). The balance sale consideration will be paid within 90 days at the time of Registration of the sale deed and at title time of handing over the original documents of the property and the possession of the property. Rs. 35,00,000 (Rupees Thirty Five lacs only) towards