-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1570 OF 2009 IN SUIT NO. 2780 OF 2008. Gautam C. Chollera. ..Plaintiff. Versus Jitendra Barot. ..Defendant. Mr. R. V. Govilkar for the plaintiff. Mr. B. R. Zaveri for the defendant. Coram : R. V. MORE, J. Date : January 21, 2010. P. C. : 1. Heard learned counsel appearing on behalf of the respective parties. The Plaintiff has taken out this notice of motion for the following relief : “(a) That pending the hearing and final disposal of the suit, the plaintiff be permitted to use, occupy and enjoy the suit premises, on such terms and conditions this Hon’ble Court thinks fit and proper.” 2. The plaintiff has filed the above suit for specific performance of an agreement. According to the plaintiff the defendant agreed to sell the suit flat for total consideration of Rs.34,50,000/- and he paid an amount of Rs. 9,50,000/- to the defendant by way of an earnest money. The willingness was also shown to deposit the balance amount of Rs.25,00,000/- in this Court. Per contra, the defendant denied the existence of an agreement itself and claimed that the aforesaid amount of earnest money was paid by -: 2 :- the plaintiff on behalf of his brother. 3. Even assuming for the sake of arguments that there is substance in the plaintiff's case about the execution of the an agreement, it is settled position that same does not create any interest in the property in view of provision of section 54 of the Transfer of Property Act, 1982. The plaintiff is entitled to possession of the suit flat only upon proving his case at the final hearing of the suit. The relief claimed above cannot be granted at this stage. Notice of motion is without any substance and is therefore dismissed. (R.V. MORE, J.)