1. The petitioner is defendant in O.S.No.2238 of 2006 on the file of the IV Asst. Judge, City Civil Court, Chennai. The respondent has filed the suit for permanent injunction against this petitioner restraining her from alienating the suit property to third parties. Pending the trial of the suit, the petitioner filed an application under Order 14 Rule 2 and Section 151 CPC to try the maintainability of the suit as preliminary issue and to dispose of the suit on the said issue.

2. In the affidavit, she has alleged that the suit property belongs to her, that she entered into an agreement of sale with the respondent on 25.07.2005 to sell her property, that the said agreement is not a concluded contract and that she got the property by means of a sale dated 17.12.1997 executed by her father which has to be probated and since no letters of administration was obtained, the agreement of sale is abandoned. The respondent/plaintiff agreed to receive the advance amount alone. Section 41, Specific Relief Act bars filing of the present suit. The plaintiff has to file the suit for specific performance and hence the preliminary issue is being raised to be tried. The respondent retaine