The Appeal arises from a decision of a Learned Single Judge dated 27 August 2012 in a Motion in a suit for specific performance. The agreement of which performance is sought is alleged to be contained in a receipt dated 1 December 2011 (Exhibit C) which records that the Defendant had received an amount of Rs.2 lacs as an advance payment towards transfer of possession of the suit premises, the total consideration being Rs.12 lacs. Admittedly, the Defendant has no title to the premises, but was a tenant of the Appellant's mother. The agreement of tenancy dated 23 October 1988 between the Appellant's mother and the Respondent records in Clause 5 that the tenant shall have the right to transfer the tenancy with the consent of the landlady. Admittedly the consent of the landlady was not obtained. The Learned Single Judge while declining to grant ad interim relief, nonetheless directed the Respondent to deposit an amount of Rs.3 lacs within four weeks. That part of the order has been complied with. Moreover, counsel appearing on
