( 1 ) THIS is an application under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code filed on behalf of the plaintiff. This application was filed along with suit and this Court on 3. 8. 89 restrained the defendants by ex parte injunction from alienating, creating any lease or parting with possession of the property in dispute.

( 2 ) DEFENDANT No. 1 entered into an Agreement to sell with the plaintiff in relation to property bearing No. 33, West Avenue Road, Punjabi Bagh, New Delhi built over a plot measuring 637. 33 sq. yds. , for a total sale consideration of Rs. 46 lakhs. Defendant No. 1 received Rs. 1 lakh at the time of execution of the Agreement on 7. 4. 89 (Rupees fifty thousand in cash and Rupees fifty thousand by cheque ).

( 3 ) IT is the case of the plaintiff that plaintiff made several efforts to persuade defendant No. 1 to obtain no objection and Income-tax Clearance Certificate from the concerned authorities for the purposes of registration and execution of the sale deed but the defendant put off the plaintiff. After long correspondence between the parties, defendant No. l revoked the Agreement to sell dated 7. 4. 89 vide registered A/d notice dated 15. 7. 89. Some of the clauses, which would require consideration for disposal of this application, are reproduced hereunder :-

"clause-2 That it has been specifically agreed that the second party shall pay a sum of Rs. 5,00,000. 00 (Rupees five lakhs only) to the first party after three months hereof and the first party on the receipt of said amount shall hand over the vacant and peaceful possession of one room and the roof of the aforesaid premises/property to the second party. Clause-3 That the first party shall obtain necessary N. O. C. /lncome-tax Clearance Certificate etc. from the competent authorities within the above stipulated period for the sale and transfer of said property in favour of the second party of his nominee or his nominees. "

( 4 ) THE case of the plaintiff is that before the expiry of three months from execution of the Agreement to sell dated 7. 4. 89, a telegram was received, sent on behalf of the defendant through his Advocate to the following effect :-

"you manipulated signatures of my illiterate client Balbir Singh in respect of sale of property 33, West Avenue Road, Punjabi Bagh, Delhi-obtained invalid documents by fraud-Agreement improper-you also not fulfilled conditions-Agreement revoked. "

( 5 ) THE telegram was dated 07. 07. 89. The case of the plaintiff is that on 22. 6. 89 the plaintiff wrote to defendant No. 1 that subject to defendant s producing N. O. C. and Income-tax Clearance Certificate plaintiff was prepared to pay Rs. 5 lakhs in terms of Clause-2 of the Agreement. According to the plaintiff, the defendant again wrote on 15. 7. 89 taking certain excuses inter alia that the defendant was not in a position to get the Income-tax Clearance Certificate from the appropriate authorities and as the plaintiff has failed to pay a sum of Rs. 5 lakhs in terms of Clause-2 of the said Agreement within 3 months from the date of execution of the said Agreement, therefore Agreement to sell dated 7. 4. 89 stood revoked and earnest money of Rs. l lakh forfeited.

( 6 ) MR. Ishwar Sahai, learned counsel for the defendants, has vehemently argued that the Agreement dated 7. 4. 89 cannot be enforced in view of Section 269uc of the Income-tax Act. Section 269uc is as under :-

" (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882), or in any other law for the time being in force, no transfer of any immovable property of such value exceeding five lakh rupees as may be prescribed, shall be effected except after an agreement for transfer is entered into between the person who intends transferring the immovable property (hereinafter referred to as the transferee) in accordance with the provisions of sub-section (2) at least {four} months before the intended date of transfer. (2) The agreement