Amit Rawal, J.

This order of mine shall dispose of two Regular Second Appeals. RSA bearing No.1477 of 2010 is arising out of decision of civil suit bearing no.756 of 2004 (hereinafter referred to as “suit no.1”) at the instance of the plaintiff seeking permanent injunction which has been dismissed by both the Courts below and RSA bearing No.6351 of 2014, whereby, both the Courts below have decreed the suit bearing no.429 of 2010 (hereinafter referred to as “suit no.2”) for specific performance of the agreement to sell, filed on 08.02.2010.

2. Mr. Arun Jain, learned Senior Counsel assisted by Mr. Mohit Sharma, Advocate appearing on behalf of vendor, namely, Arvind Gulati, submitted that an agreement to sell dated 21.03.2003 in respect of plot measuring 405.94 sq. meter for a total sale consideration of Rs.35 lacs was entered into for the sale of a plot bearing No.S-27/7, DLF Phase III, Gurgaon. In fact, it was realized that the area was little more. Instead of 450, it was 486 and the total sale consideration was increased to Rs.37.86 lacs and against the payment of ear