JUDGMENT

Manmohan Singh, J.

1. The plaintiff has filed the suit for specific performance of contract and seeks following reliefs:

"a) a decree for specific performance of the Agreement dated 24.1.2005 be passed in favour of the Plaintiff and against the Defendants and the Defendants be directed to execute a Sale deed in favour of the Plaintiff in respect of the property in question i.e. basement and Ground Floor (front portion) consisting of three bed rooms, four bath rooms, kitchen, lobby, with front lawn on the ground floor and one drawing cum dining room in the basement (front portion), alongwith proportionate undivided indivisible and impartible ownership rights (more specifically shown in red in the site plan) alongwith common drive-ways, stair case, appertunances, passages, common areas, common facilities, doors, entrances and other common services (more specifically shown in green in the site plan) in respect of property bearing No.C-56, Friends Colony East, New Delhi - 110 065;

b) in the alternative appoint an officer of this Hon'ble Court to execute a Sale Deed in favour of the Plaintiff for and on behalf of Defendants in respect of property in question i.e. part of property no.C-56, Friends Colony East, New Delhi - 110 065 described herein above in clause (a) on payment of requisite stamp duty and registration charges by the Plaintiff and to have the same registered with the concerned Sub-Registrar, Delhi under the Indian Registration Act against the receipt of balance consideration.

c) costs of the suit be awarded to the Plaintiffs and against the Defendants."

2. Brief admitted facts of the matter are:

a) On 24th January, 2005, an agreement to sell was executed between the plaintiff and defendant No.1 by which the defendant No.1 for himself and as attorney of defendant No.2 agreed to sell basement and ground floor front portion of Property No. C-56 Friends Colony East, New Delhi (hereinafter referred to as the 'suit property') for a sum of Rs.1,60,00,000/- in which the defendants acknowledged to have received a sum of Rs.30,00,000/- from the father/Attorney of the plaintiff. The suit property was consisting of three bedrooms, four bathrooms, kitchen, lobby, with front lawn on the ground floor and one drawing-cum-dining room in the basement (front portion) along with proportionate, undivided, indivisible and impartible ownership rights in the freehold land underneath measuring 600 sq. yards.

b) It was agreed in the agreement to sell that the defendants would execute the sale deed on or before 10th April, 2005 and in case any of the parties needed extension, the sale deed would be executed on or before 30th April, 2005.

c) On 22nd February, 2005 the defendant No.1 again received Rs.2,00,000/- from the plaintiff. In all, the defendant received a sum of Rs.32 lac as advance money from the plaintiff/attorney till 10th April, 2005.

d) According to the terms of the agreement to sell, the defendants were to deliver mutation certificate in respect of the portion of the property in question, No Dues Certificate of House Tax upto 31st March, 2005, No Dues Certificate in respect of the Electricity Charges as well as Water Charges, Clearance Certificate from Income Tax Department in respect of the property in question, Original Power of Attorney executed by defendant No.2 in favour of defendant No.1 duly stamped by Indian Consulate in America and adjudication Stamp affixed by the Collector of Stamps, New Delhi.

e) The title deed in respect of the portion of the property in question were to be delivered by the defendant No.1 to the plaintiff or his father/attorney before the sale deed could be finally executed and registered in respect of the portion of the property in question.

3. Case of the Plaintiff

i) Till 10th April, 2005 the defendant No.1 did not arrange any of the aforesaid documents, therefore, by mutual consent the time was extended for execution of the sale deed till 30th April, 2005.

ii) On 21st April, 2005 a m