Ajit Kumar Sengupta, J.

1. The suit out of which the present appeal arises was filed by the appellant on 21st December, 1987 praying for specific performance of a Memorandum of Understanding dated 7th January, 1985, for mandatory injunction directing the defendant to have the validity of the plans, approvals etc. in relation to the defendant's property at Barakhamba Road, New Delhi extended, for permanent injunction restraining the defendant from dealing with any person other than plaintiff in relation to the said property or acting in any way contrary to the alleged agreement dated 7th January, 1985 or in derogation of the plaintiff thereunder. The Memorandum of Understanding was in relation to construction of a high-rise building on the defendant's property in New Delhi.

2. After tiling of the suit the plaintiff applied for an interlocutory injunction and obtained an ad interim order. On final hearing, the learned Judge dismissed the application for interlocutory injunction by the judgment and order dated 18th January, 1988. This appeal is directed against the said judgment and order. The learned Judge inter alia, held that the parties did not agree to bind themselves by