SURESH CHAND JAIN Vs. PHALPHOR BUILDERS P. LTD.

JUDGEMENT

(1.) IN this suit, the plaintiff seeks following reliefs:

(2.) THE plaintiff entered into a collaboration agreement, with the first three Defendants, whereby the latter were to develop, and construct upon the suit property, and give possession of a certain portion of the built up area. The plaintiff contends that he was paid a sum of Rs. 10 lakhs as initial advance as Security Deposit and that the first three Defendants did not comply with the other terms of the agreement, dated 09.01.1989. In terms of that agreement, the plaintiff was entitled to retain an area of 5000 square feet, after construction; the total constructed area was to be 13,000 square feet. Another admitted fact is that the plaintiff had constituted the said Defendant collaborators, as his General Power of Attorney holder, to apply to municipal and other authorities, for clearances, to complete the construction, which was the subject matter of the agreement

(3.) THE plaintiff further submits that in terms of Ex. PW -1/6 agreement, the builder Defendants were to construct 13,000 sq. ft. according to the plan, out of which 5000 sq. feet were to be reserved and retained by the plaintiff for his use. The first Defendant in turn had to be paid Rs. 300/ -per sq. feet as construction costs/fee. It is stated that acting upon the agreement (Ex. PW -1/6), the first three Defendants obtained the plaintiff's signatures on the proposed site plan but filed another site plan for approval with MCD, by forging the plaintiff's signatures. The suit contends that the 5000 sq. ft. of the built portion was handed -over to the plaintiff in the second floor in early March, 1993 but that out of these, the total sanctioned covered area was only 1000 sq. ft. It is stated that the balance area sought to be handed -over was beyond the sanctioned or permissible limits.