( 1 ) THE plaintiff s application under Order XXXIX, Rules 1 and 2 and Section 151, Civil Procedure Code is to be decided. During the hearing of the application arguments on the maintainability of the suit were also addressed at length.

( 2 ) THE plaintiff has filed the present suit for the specific performance and possession of property, L. I. G. Flat No. H-146, Ashok Vihar, New Delhi. It is alleged that an agreement-cum-receipt was executed between the parties on 26. 3. 1996, in which the sale consideration was fixed at Rs. 6,60,000. 00 A sum of Rs. 30,000. 00 was paid in cash and the balance sale consideration was to be paid within two months. The defendant has denied that any such agreement had taken place. It is stated that his signatures was obtained on some blank papers and some printed cyclostyled proformas which were also blank. The defendant has signed these documents in good faith since the plaintiff was known to his family members. Reliance was also been placed on the existence of two documents in which one states the price as Rs. 6,60,000. 00 whereas the other mentions only Rs. 6,00,000. 00 Attention has also been drawn to the fact that the agreement-cum-