JUDGMENT

Neena Bansal Krishna, J.

1. The plaintiff has sought Specific Performance of Agreement to Sell dated 09.02.2006 in respect of the Property bearing D.S.I.D.C. Shed No. 83- 84 situated at Okhla Industrial Area, Phase-II, Scheme-I, New Delhi-110020 (hereinafter referred to as "the suit property") and Permanent Injunction for restraining defendant from creating third party rights in the suit property.

2. The facts in brief are that the plaintiff entered into an Agreement to Sell dated 09.02.2006 in respect of the suit property with the defendant for a total consideration of Rs. 1,24,00,000/-. The plaintiff paid a sum of Rs. 24,00,000/- through cash and cheque with the acknowledgement in the Agreement itself. Clause 2 of the Agreement provided that the balance amount of Rs. 1,00,00,000/- would be paid by the plaintiff within 15 days of the registration of the Conveyance Deed in respect of suit property in the name of the defendant by Delhi State Industrial Development Corporation (hereinafter referred to as "D.S.I.D.C.") and the defendant shall deliver the vacant possession of the suit property to the plaintiff thereof.

3. Clause 7 of the Agreement provided that if the Conve