H. S. MADAAN, J.

1. Briefly summed up, facts of the case are that plaintiff – Rajinder Singh s/o Harcharan Singh Brar, r/o House No. 2224, Sector 21-C, Chandigarh had filed a suit against defendant A.K. Mohan s/o Late Shri C.L. Mohan, r/o House No. 310, Rail Vihar, Sector 4, Mansa Devi Complex, Panchkula, seeking grant of a decree for possession by way of specific performance of agreement to sell dated 1.6.2004, with regard to Flat No. H -111, First Floor, AWHO, Sector 4, Mansa Devi Complex, Panchkula (hereinafter to be referred as 'flat in suit'), by specific performance of that agreement and by way of grant of mandatory injunction directing the defendant to execute all the necessary papers regarding sale of that flat in the name of plaintiff after receiving the remaining sale consideration amount.

2. As the case of the plaintiff goes, the defendant had entered into an agreement to sell the flat in suit with the plaintiff on 1.6.2004 for a total consideration amount of Rs. 17 lacs, receiving Rs.1.70 Lacs in cash as earnest money. It was agreed that the seller will pay, if anything is found due regarding the flat in question in record of the Society/Municipal Corporation or in record