JUDGMENT

Mukta Gupta, J. - By this suit, the plaintiff inter alia seeks a decree of specific performance of the agreement to sell dated 14th July, 2016 which is in continuation of agreement to sell dated 9th July, 2012 in favour of the plaintiff and against the defendant and the direction to the defendant to execute and register sale deed conveying the property No. 32, Paschimi Marg, Vasant Vihar, New Delhi-110057 (in short, the suit property) admeasuring 852 sq.yards in favour of the plaintiff and to hand over the physical and vacant possession of the suit property, in the alternative, money decree for refund of Rs.12.81 Crores along with the interest besides a decree of declaration and injunction and costs.

2. The claim of the plaintiff in the plaint is that the defendant is the owner of the suit property with entire built up portion with all rights, interest, lien and title in the land beneath the same, fixtures and fittings etc. The defendant represented to the plaintiff that the plot was initially allotted to Shri Onkar Nath Bajpai and Smt. Sharda Bajpai in whose favour a perpetual sub-lease dated 5th February, 1971 was registered on 31st March, 1971. The said Shri Onkar Nath d