JAYA BHANDARI Vs. MALHAN BUILDERS

JUDGEMENT

(1.) By this appeal filed under Section 96 of the Code of Civil Procedure, 1908 the appellants seek setting aside of the judgment and decree dated 29.3.2005 passed by the learned ADJ whereby the suit for specific performance filed by the appellants for seeking execution of agreement dated 12.5.85 was dismissed.

(2.) Brief facts of the case relevant for deciding the present appeal are that the appellants purchased the third floor of the property bearing Plot No.15, Siri Fort Road, New Delhi from the respondents nos. 1 to 5 i.e the builders of the said property vide agreement to sell dated 12.5.85 for a consideration amount of Rs. 4, 80,000. The respondents nos. 6 to 15 are the owners of the said property and entered into a collaboration agreement vide agreement dated 1.6.1983 by virtue of which the respondent no. 6 to 15 had undertaken to execute sale deed in favour of the purchasers of the building constructed by respondents no. 1 to 5. Thereafter the respondents failed to execute the sale deed as per the collaboration agreement in favour of the appellants and consequently the appellants filed a suit for specific performance which vide judgment and decree dated 29.3.2005 was decreed against the appellants. Feeling aggrieved with the same, the appellants have preferred the present appeal before this court.

(3.) Assailing the impugned judgment and decree Mr. V.P.Singh, learned Senior Advocate appearing for the appellants submitted that the learned trial court has committed grave illegality in dismissing the suit of the appellants seeking specific performance of the contract merely on the ground that the third floor/barsati floor of the suit property forming part of the sale transaction between the appellant and the builder i.e. respondent Nos. 1 to 5, was not constructed as per the building by-laws. The contention of the counsel was that there was no breach or violation of any of the covenants agreed upon by the appellants and the respondents, therefore nothing could come in the way of the appellants to seek specific performance of the contract.