( 1 ) DEFENDANT has moved this application under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint or dismissal of the suit summarily as disclosing no cause of action.

( 2 ) THE plaintiff claims that it is a private limited company duly registered under the Companies Act with the Registrar of Companies and Sanjay Gupta is the Secretary of defendant who is duly authorised to sign, verify and institute the suit by virtue of a resolution dated 24. 6. 1989 passed by the Board of Directors in the meeting held on that date. It is claimed that Sanjeev Gupta is well conversant with the facts and can depose about them. It is alleged that defendant being the owner of the suit property agreed to sell, transfer and convey the same to the plaintiff vide agreement to sell dated 25. 10. 1988 for a consideration of Rs. 43. 50 lakhs. On the execution of the agreement a sum of Rs. 9. 50 was paid to the defendant. After making elaborate allegations, the plaintiff has claimed a decree for specific performance of agreement to sell directing the defendant to execute sale deed with respect to the suit property and to hand over vacant and peaceful possession to t