Aggrieved over the judgment and decree passed by the learned Trial Court dismissing the suit for specific performance, the present appeal came to be filed by the defendant.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. The brief facts of the case of the plaintiff are as follows:

(i) The defendant was originally allotted a flat No.17, second block “C” type by the Central Government on 24.2.1995. The defendant, being the brother-in-law of the plaintiff, offered to sell the above said property to the plaintiff for a total sale consideration of Rs.5,06,000/- and also entered into an agreement on 19.1.1996 and received the entire sale consideration on the same date. One of the conditions stipulated in the agreement is that the defendant shall apply for and obtain No Objection Certificate from the concerned authorities and also Income Tax Clearance certificate. Apart from the sale agreement, the defendant has also executed Power of Attorney in favour of the plaintiff s husband on 19.1.1996. Besides, the defendant also availed loan from HDFC and instructed the plaintiff to pay the instalments due to the HDFC bank. The p