( 1 ) THE parties allegedly entered into an agreement on 2. 10. 1997 whereby the defendant agreed to sell to the plaintiff the property bearing no. C-410 Defence Colony, New Delhi for a total consideration of Rs. 48 lacs. A sum of Rs. 11 lacs was paid by means of a cheque drawn on the Corporation Bank, Greater Kailash II, New Delhi as advance by the plaintiff for purchase of the aforesaid property. A receipt dated 2. 10. 1997 was issued by the defendant acknowledging the receipt of the aforesaid amount towards sale of the aforesaid property to the plaintiff. This receipt is alleged by the plaintiff to be the agreement to sell. On the alleged refusal of the defendant to sell the property to the plaintiff the present suit for specific performance of the said agreement to sell was filed by the plaintiff. Alongwith the suit the plaintiff filed an application being IA No. 4809/98 for an injunction restraining the defendant from selling, transferring, alienating and/or parting with possession of the property to any other person. The case came up for hearing before the Court on May 26,1998 when counsel for the defendant appeared in the court and accepted notice of the su