SUSHIL KUMAR AGARWAL Vs. MEENAKSHI SADHU & ORS

JUDGEMENT

(1.) The present appeal<A id=#s1 class=s_link href="#s1">[1] is from the judgment of a Division Bench of the High Court of Calcutta<A id=#s2 class=s_link href="#s2">[2] . The appellant, who is a builder, instituted a suit for specific performance of a development agreement, against the respondents, who are owners of the premises. The suit was dismissed by the City Civil Court. The High Court dismissed the first appeal.

(2.) The subject matter of the suit for specific performance is a development agreement dated 14 April 1992, entered into by the appellant with the predecessor-in-interest of the respondents (Late Kalidas Sadhu)<A id=#s3 class=s_link href="#s3">[3] in respect of premises situated at 243N, Acharya Prafulla Chandra Road, P.S. Burtolla, Kolkata - 700 006. The agreement recites that the owners had approached the appellant for construction of a building on the land and that the following terms, inter alia, were agreed upon by and between the parties:

(3.) The appellant alleged that upon the execution of the agreement, he found that the premises were encumbered and that there were arrears of municipal tax and electricity dues, besides which there were labour and industrial disputes and 'factory closure problems'. The respondent is alleged to have requested the appellant to make payments and assured that he will reimburse him before the sanction of the building plan was obtained. Accordingly, the appellant claims to have made a payment of Rs. 7,03,000/-.