JUDGMENT

Alok Jain, J.

This is defendant's second appeal raising challenge to the judgment dated 12.08.2014 passed by the Additional Civil Judge (Senior Division), Gurgaon (now Gurugram),whereby the suit for possession by way of specific performance was decreed and the present appellant was directed to execute the sale deed in favour of the plaintiff-respondent herein within two months by clearing the loan pending, if any, within a specific period, failing which the plaintiff-respondent shall be at liberty to get the sale deed executed through the Court.

2. The learned First Appellate Court of Additional District and Sessions Judge, Gurugram, vide judgment and order dated 15.02.2016, also, after hearing the appellant (defendant), at length and after going through record, dismissed the appeal.

3. Learned Senior counsel has opened his arguments by reiterating the brief facts which are briefly detailed as under taking the parties as they are nominated in the suit:-

4. The defendant is owner in possession of residential apartment No. 1003 located in Wing-T on 10th Floor alongwith parking space No. T-6-OP-3 in the multi-storied building known as Sushant Estate situated in village Kanhai, District Gurgaon having super area of 723 sq. feet. Allegedly, in April, 2006, the defendant approached the plaintiff to purchase the suit property stating that she was full fledged owner in possession of the same and she had clear title of it. Accordingly, the plaintiff agreed to purchase the suit property for a total sale consideration of Rs. 21,50,000/- and an agreement of sale was executed on 25.04.2006, regarding the aforesaid property in favour of the plaintiff. The defendant received a sum of Rs. 2,00,000/- in cash as advance payment of the sale consideration from the plaintiff. As per the aforesaid agreement the balance sale consideration amount of Rs. 19,50,00/- was payable to the defendant by 1st of July, 2006 subject to all paper/documents and title of the property in order to be transferred simultaneously with the execution and registration of the sale deed of the apartment in question. It was further alleged that the plaintiff had always been ready and willing and is still ready and willing to get the apartment transferred in his favour by incurring all obligations arising out of the said agreement dated 25.04.2006. The plaintiff orally contacted the defendant who intimated that she would get the same done on 03.07.2006. On 03.07.2006 the plaintiff remained present in the office of Sub-Registrar alongwith funds for paying balance sale consideration amount to the defendant and to fulfill all his obligation. However the defendant failed to turn up on the said date. The plaintiff had, in fact, got his presence marked with the Sub Registrar, Gurgaon. Plaintiff issued notice dated 19.06.2006 through his counsel to the defendant calling upon her to fulfill her due obligations as per agreement in question whereupon she agreed to fulfill her part. Thereafter on 04.07.2006 the plaintiff got served another notice upon the defendant but in vain. It was further alleged that the defendant had intentionally concealed the fact that the suit property in question was already mortgaged with ICICI Home Finance Company Ltd., as such played fraud with the plaintiff, misrepresenting in the agreement dated 25.04.2006 that the suit property in question was free from all encumbrances.

5. The defendant finally resiled from the terms and conditions of the agreement and threatened to alienate the suit property to create third party interest therein and to ge