JUDGMENT

Raj Mohan Singh, J. - Plaintiff/appellant is in regular second appeal against the concurrent judgments and decrees passed by the Courts below.

2. Brief facts of the case are that plaintiff/appellant filed a suit for specific performance of the agreement for sale with consequential relief of permanent injunction and possession. Defendants entered into agreement to sell on 26.02.2005 with the plaintiff/appellant in respect of land measuring 2500 sq. yards plotted area out of land owned and possessed by the defendants for a total sale consideration of Rs. 5750/- per sq. yard which ultimately came out to be Rs. 1,43,75,000/-. An earnest money to the tune of Rs. 15 lacs was paid to the defendants through three cheques. Balance sale consideration was to be paid against the allotment of the disputed area. The factum of payment of earnest money to the tune of Rs. 15 lacs to the defendants was also recited in the agreement to sell dated 26.02.2005.

3. Before entering into agreement to sell dated 26.02.2005, defendants had entered into a collaboration agreement on 17.06.2004 with M/s Omaxe Housing and Developers Limited for the development and construction of residential complex/colo