In the absence of a valid agreement and sufficient evidence, a claim for specific performance cannot be upheld, and interim injunctions granted based on such claims may be vacated.

( 1 ) IA 4537/89 has been filed on behalf of the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure ( hereinafter referred to as the Code ) and in this application it was prayed that defendant and its agents be restrained from alienating, selling and transferring the property No. 9-A/75 and 9-A/76, Western Extension Area, Karol Bagh, New Delhi. This application came up for hearing on 4th July, 1989 and a notice of this application was issued to the defendant. On the same date the defendant and its agents were restrained from alienating, selling and transferring the property bearing No. 9-A/75 and 9-A/76, Western Extension Area, Karol Bagh, New Delhi till further orders.

( 2 ) IA 14936/91 was filed on behalf of the defendant Under. Order 39 Rule 4 read with Section 151 of the Code and in this application it has been prayed that IA 4537/89 be heard early and the same be dismissed and ad interim injunction granted on the aforesaid application on 4th July, 1989 be vacated.

( 3 ) IA 6890/93 was filed on behalf of the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code and in this application it was prayed that Smt. Urmila Rani Gupta wife of Shri Rajinder Nath Gupta, who is a tenant in suit property No. 9-A/75, Western Extension Area, Karol Bagh, New Delhi, be restrained from transferring or parting with possession of the premises under her tenancy. This application came up for hearing on 4th August, 1993 and on that date notice of this application was issued to the non-applicant through their Counsel and also to Smt. Urmila Rani Gupta. On the same date Smt. Urmila Rani Gupta was restrained from parting with the possession of the tenanted premises under her possession i. e. 9-A/75, Western Extension Area, Karol Bagh, New Delhi. Since all the three applications pertain to the same property the same are being disposed of by this common order.

( 4 ) BRIEFLY, the facts of the case as stated in the plaint arc that the defendant agreed to sell the house bearing Nos. 9-A/75 and 9-A/76, Western Extension Area, Karol Bagh, New Delhi to the plaintiff for a total sum of Rs. 8,50,000. 00 and in this connection Shri Gursaran Singh, one of the trustees of the defendant executed an earnest money receipt on 28th October, 1988 for a sum of Rs. 21,000. 00 which was received by him towards earnest money from the plaintiff. It has further been alleged that the plaintiff had been at all material time ready and willing to abide to perform his part of the contract but the defendant has refused to perform their part of the contract. Accordingly, the present suit has been filed by the plaintiff for passing a decree for specific performance of the agreement dated 28th October, 1988.

( 5 ) IN the written statement filed on behalf of the defendant it has been alleged that the plaintiff is a complete stranger to the defendant and has forged the signatures of Shri Gursaran Singh on the alleged agreement dated 28th October, 1988. It has further been stated in the written statement that on 28th October, 1988, the date on which the earnest money receipt is alleged to have been executed by Shri Gursaran Singh, he was not even in India. It has further been stated in the written statement that the defendant trust had already entered into two agreements for sale of the suit property on 16th June, 1988, one with Smt. Kuljitkaur and the other with Shri Gajender Singh. It was also stated that with regard to the property bearing No. 9-A/76 even sale deed had already been executed and registered.

( 6 ) MR. Monga, the learned Counsel appearing on behalf of the plaintiff submitted that Shri Gursaran Singh was duly authorised to enter into any agreement on behalf of the defendant trust in terms of the resolution dated 7th November, 1987and while entering into agreement with the plaintiff Shri Gursaran Singh had signed the earnest money receipt on 28th October, 1988 acknowledging a sum of Rs. 21,000.