HANSA V. GANDHI Vs. DEEP SHANKAR ROY

JUDGEMENT

(1.) Being aggrieved by a common judgment delivered in First Appeal Nos.492, 493 and 499 of 2002, dated 24th August, 2005 by the High Court of Judicature at Bombay, these appeals have been filed by the original plaintiffs, who had filed the suits for specific performance.

(2.) As the facts involved in all these three appeals are similar in nature, all these appeals are being decided by this common judgment. For the purpose of clarity, we are referring to all the parties by their description as it was before the trial court. The Developer of the property, original Defendant No.1 is now respondent No. 2 in all the appeals whereas respondent no.1 is a subsequent buyer of the property in question. M/s. O.P. Co-operative Housing Society (hereinafter referred to as 'the Society') was the owner of the land which was being developed by the Developer.

(3.) The Developer had entered into an agreement to develop the property i.e. land owned by the Society and thereafter to sell the flats constructed on the land in question to the intending purchasers in accordance with the terms and conditions of the agreement dated 17th April, 1992.