Judgment

SHAH, J. : By a registered deed of lease dated May 19, 1927 which was renewed on January 30 1947 the Delhi Improvement Trust granted leasehold rights for 90 years to one Dr. M. M. Joshi in respect of a plot of land No.3, E Block, Qarol Bagh, Delhi, admeasuring 2433 sq. yards. Dr. Joshi constructed a building on the land demised to him. Chandrawati, widow of Dr. Joshi as guardian of her minor son Murli Manohar by sale-deed dated April 21, 1947 sold the leasehold rights in the land together with the building to Lala Balkrishan Das who will hereinafter be referred to as Plaintiff for Rs.63,000/-. By an agreement dated March 21, 1949 the Plaintiff contracted to sell his rights in the land, and the building to Seth Fateh Chand-hereinafter called the defendant . It was recited in the agreement that the plaintiff agreed to sell the building together with pattadari" rights appertaining to the land admeasuring 2433 sq. yards for Rs.1,12,500/- and that Rs.1,000/- were paid to him as earnest money at the time of the execution of the agreement. The conditions of the agreement were :

"(1) I, the executant shall deliver the actual possession, i.e. complete vacant possession of Kothi