Section 53-A of the Transfer of Property Act, 1882, provides for a passive equity and not for an active equity.

RAMANUJAM, J.:- This is an appeal filed by the first defendant in O.S. No. 284 of 1977 questioning the order of injunction granted by the court below pending the suit. The said suit O. S. No. 284 of 1977 is one for specific performance, of an alleged agreement of sale said to have been executed by the first defendant in favour of the plaintiff agreeing to sell his properties for a sum of Rs. 24750. The plaint proceeds on the basis that even on the date of agreement viz., 16-8-1977 the first defendant received a sum of Rs. 14000 as advance agreeing to execute the sale deed within 30 days after getting the balance of the sale consideration. The agreement also recited that the possession of the properties has been given by the first defendant to the plaintiff in pursuance of the agreement of sale. The plaintiff's case is that in spite of the agreement of sale the first defendant has not executed the sale deed on receipt of the balance of the consideration and therefore he was constrained to file this suit for specific performance.

2. Along with the suit he also filed an application for injunction restraining the first defendant from interfering with his possession on the basis that he was in possession of the suit properties on the date of the agreement and such possession has to be protected till the disposal of the suit. In the written statement filed by the first defendant the execution of the agreement was denied, and the receipt at Rs. 14000 as advance was also denied. The plaintiff's asserting that the possession of the suit properties was given on the date of the agreement was also denied by the first defendant. According to him the plaintiff had trespassed into the possession of the properties and with a view to sustain the possession of the trespassed properties he has come forward with a false claim for specific performance. The trial Court having held that the truth and genuineness of the alleged agreement of sale has to be established in the suit at the stage of the trial chose to grant an injunction in favour of the plaintiff pending disposal of the suit. The said order has been questioned by the first defendant in this appeal. The court below having posed the question as to whether the plaintiff took possession of the suit properties on the date of the agreement, viz., 16-8-1977 held that the plaintiff took possession in pursuance of the agreement mainly relying on the recital in the agreement. We are of the view that in the circumstances of this case unless the plaintiff establishes the actual delivery of possession of the properties on the date of agreement of sale, he cannot merely rely on the terms of the agreement which is denied by the first defendant and the truth of which the plaintiff has to establish at the stage of the trial. Unless the plaintiff establishes prima facie that the possession was given to the plaintiff by the first defendant in person on the date of the agreement of sale the plaintiff is not entitled to an injunction merely basing on the terms of the agreement and the truth of which is yet to be established at the trial. In this view of the matter we find that the lower court is not justified in granting the injunction prayed for by the plaintiff.

3. Apart from this factual aspect there is one other impediment in the way of the respondent from getting the relief of temporary injunction in his suit for specific performance. Even assuming that the plaintiff was given possession of the suit properties on the date of the agreement of sale by the first defendant the question still is whether the plaintiff could claim the relief of injunction based on Section 53-A of the Transfer of Property Act. Admittedly, in this case the plaintiff has not yet got title to the properties. He can get title to the properties only if he succeeds in the suit and obtains sale deed in respect of the properties. It is well established that an agreement of sale does not create any interest in the property which