1. The plaintiff instituted this suit for specific performance of the agreement dated 28th January, 2010 in respect of second floor apartment along with one servant quarter, two car parking spaces in the driveway and terrace rights in property bearing No.S-513, Greater Kailash-II, New Delhi, hereinafter referred to as ‘the suit property’.

2. On 28th January, 2010, the plaintiff entered into an agreement (Ex.P-1) with the defendant to purchase the suit property for a total sale consideration of Rs.5,10,00,000/-. The plaintiff paid advance money of Rs.50,00,000/- to the defendant at the time of the agreement and the balance sale consideration was agreed to be paid on or before 15th April, 2010. Relevant portion of the agreement dated 28th January, 2010 is reproduced hereunder:

“That on or before 15-4-10, the FIRST PARTY will execute and get the Sale Deed of the said Unit registered, in favour of the SECOND PARTY or his nominee/s, on receipt of the full and final balance amount, failing which either party shall be entitled to get the Sale Deed registered through the court of law by SPECIFIC PERFORMANCE OF THE CONTRACT, at the cost and expenses of the defaulting party.”

(Emphasi