JUDGMENT :

Sureshwar Thakur, J.

The plaintiff has instituted the instant suit for specific performance of the contract of 22.12.2006 entered into by him with defendant No. 1. The plaintiff avers that he entered into an agreement to sell with defendant No. 1 on 22.12.2006 whereby defendant No. 1 agreed to sell land measuring 9 bigha, 7 biswa situated at mauja Chamiyana, Tehsil and District Shimla, H.P., for a total consideration of Rs. 45,00,000/-. Defendant No. 1 has been averred to have at the time of execution of the agreement to sell received from the plaintiff a sum of Rs. 3,00,000/- and the remaining amount of Rs. 42,00,000/- was agreed to be defrayed to the seller by the buyer at the time of registration of the sale deed. Besides, it is averred that it was also mandated in the agreement to sell entered into inter se the parties at contest that the sale deed qua the suit property would be executed within three months from the date of execution of the agreement to sell. A clause was incorporated in the agreement to sell entered into inter se the parties at contest that in case the seller omits to execute the sale deed in favour of the purchaser within three months from the date o