JUDGMENT

Valmiki J. Mehta, J (ORAL)

1. This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 13.8.2001 dismissing the suit for specific performance and injunction filed by the appellant/plaintiff. The suit has been dismissed although the proposed seller/defendant no.1 failed to appear in the proceedings i.e. no written statement was filed, the witness of the appellant/plaintiff was not cross-examined and no evidence was led by the defendant no.1/respondent.

2. The facts as per the plaint are that the appellant/plaintiff entered into an Agreement to Sell of the suit property being commercial space measuring 14'x 15' (fully covered) alongwith 10'x15' of open area facing the street on the south side and forming part of property no. I-C/125, Lajpat Nagar, New Delhi (shown in red in the site plan annexed with the plaint), hereinafter referred to as the suit property. The total sale consideration under the Agreement to Sell dated 1.11.1988 was stated to be Rs. 1,75,000/- out of which, a sum of Rs.1,50,000/- was paid to the respondent /defendant no.1. The balance amount was payable after the property w