1. This is a defendant s appeal against whom decree for possession by specific performance of the agreement of sale has been passed by the trial Court.

2. The defendant Smt. Harbans Atma Singh wd/o Major General Atma Singh was allotted a residential plot on instalments by the Chandigarh Administration from the defence quota in the year 1967. Regular conveyance deed for the said plot was executed between the defendant and the Chandigarh Administration on 27th July, 1971, Photostat copy of which is Exhibit Dy. According to the terms of the conveyance-deed the transferee was to complete the construction of the house on the said site, in accordance with the Punjab Capital (Development and Regulation) Building Rules, 1952 within one year from the date of issue of allotment order, i.e. from 29th May, 1967, provided that the time limit could be extended by the Estate Officer if he was satisfied that the failure to complete the building within the said time was due to some causes beyond the control of the transferee.

It was also provided therein that since the plot was allotted at a concessional price, the transferee was refrained, except with the previous permission in writing of