REKHA SHARMA, J.

( 1 ) THE bone of contention is an application moved by the plaintiff under order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for the grant of ad-interim-injunction restraining the defendants from transferring, alienating or parting with possession of the suit premises to any person in any manner whatsoever. The defendants, as expected, have stoutly resisted the same.

( 2 ) BEFORE I deal with the contentions raised a bird eye view of the disputes giving rise to the application is needed, for, it would provide the necessary background.

( 3 ) DEFENDANT No. 1 happened to be the owner of commercial plot No. D-2, situated in District Centre, Saket through perpetual lease deed dated 1. 7. 2004 executed in its favour by Delhi Development Authority. On May 14,2005, it entered into an Agreement to Lease with the plaintiff Company through defendant No. 2 little realising that it would give rise to contentitious litigation. By the said Agreement, the plaintiff Company agreed to take on lease office space ad-measuring super area of 16,417. 91 sq. ft. equivalent to covered area of 11,000 sq. ft. covered area on the second floor of the building which was yet to be constructed, on a monthly lease rent of Rs. 57. 50 per sq. ft. It also, agreed to advance a sum of Rs. 56,64,178/- as interest free security. This amount was to be paid in two equal instalments. The first was to be paid at the time of the execution of the said Agreement and the second at the time of delivery of provisional possession for fit outs and interiors of the lease premises. The lease rent was actually to start from the date of final handing over of the demised premises to the plaintiff. It is the common case of the parties that on April 13, 2005 first instalment towards the security amount was paid by the plaintiff.

( 4 ) SOME of the terms of the Agreement to Lease which are relevant for our purposes, are as under:-

"1]. That the Lessor (defendant No. 1) herein agrees to let out the demised premises bearing Private No. SF-01, SF-02, SF-03, SF-09, se-10 including corridor to the Lessee (plaintiff) for the commercial purpose of setting up their corporate office. 2]. This agreement shall come into force from the date of signing of this agreement and shall remain valid for a period of three years from the date of commencement of lease rent subject to their earlier determination or any renewal thereof as hereinafter provided. 4]. The Lessor (defendant No. 1) shall handover the demised premises complete in all respect with all amenities and services and ready to occupy by 30th September 2005 or earlier (final handover) however the lessor (defendant No. 1) shall provide the demised 'premises to the lessee (plaintiff) for furnishing and completing the fit out work for a minimum period of two months prior to final handover for occupation, 5]. The lease rent shall start from the date of final handover of the demised premises by the Lessor (Defendant No. 1) to the Lessee (Plaintiff)for occupation or the completion of two months from the date of providing the demised premises by the Lessor (Defendant No. 1) to the lessee (Plaintiff) for furnishing and completing the fit-out works which ever is later (Rent commencement date ). However the following shall be the conditions precedents for starting of lease rent under this agreement. Copy of Completion Certificate to be provided by the Lessor to the. Lessee. All the following amenities shall be provided by the Lessor and shall be operational. (a) Centrally Air-conditioning for the whole building with 100% power backup. This shall include the low-side Air-conditioning in demised premises. (b) All common area with marble/granite flooring with plaster of pans, false ceiling, plastic emulsion paints on walls and ceiling. (c) Fully finished elevation. (d) Fully furnished modern common toilets block sets in the building. (e) Fully furnished mandatory Fire Fighting Systems. (f) Complete Landscaping