( 1 ) THE opponent filed Civil Suit No. 3247 of 1991 against the revision petitioner before the trial Court for a decree directing the revision petitioner to perform specifically his part of the oral agreement said to have been entered into between the parties on 10/05/1988, for transferring the business of the petitioner as a going concern, together with the goodwill and the tenancy rights of the petitioner, in respect of the suit property being Shed no. 1, and putting the opponent in actual and peaceful possession of the suit property, on the opponent tendering and depositing the balance consideration, and the amount of rent as may be payable by the opponent. According to the opponent-plaintiff as averred by it in its plaint, the petitioner-defendant had, on 10/05/1988, entered into an oral agreement with the opponent to transfer the business of the petitioner as a going concern together with the goodwill and the tenancy rights of the petitioner in respect of the suit property. It was for the specific performance of that agreement that the opponent filed the suit wherein inter alia, the opponent prayed for a decree for possession of the suit property. In the plaint,