( 1 ) ALONGWITH his suit for specific performance on the basis of a Memorandum of Understanding with regard to sale of premises No. C-63 Meharani Bagh, New Delhi, the plaintiff has also moved an application under Order 39 rules 1 and 2 seeking to restrain the defendants from "parting with ownership/possession" of the said premises. It is that application which has led me to pen these lines.

( 2 ) FIRST a bird-eye view of the facts. 3. The plaintiff claims that Dr. Ravi Singh defendant for himself and on behalf of the other co-owners who too are arrayed as defendants, executed a Memorandum of Understanding agreeing" thereby to sell the building for a consideration of Rs. 2,35,00,000. 00 and in terms of the said agreement he even received a payment of Rs. 500,000. 00 through a Bank draft but is now refusing to proceed ahead with the execution of a sale deed.

( 4 ) THE defendants allege that Dr. Ravi Singh had no authority to act on behalf of the other co-owners and as such the Memorandum of Understanding does not bind them. It is not disputed that a cheque for Rs. 5,00,000. 00 was received by Dr. Ravi Singh. However, it is claimed that as the said cheque was not honoured