KAILASH NATH AND ASSOCIATES Vs. RAM NATH

JUDGEMENT

(1.) This order will dispose of the application under Order 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure filed by the plaintiff in a suit for mandatory injunction.

(2.) The brief facts are as follows. The defendants who claim to be the owners of plot No. J-1/164 Rajouri Garden, New Delhi approached the plaintiff for development of the said plot under a Group Housing Scheme. The terms and conditions were incorporated in a letter dated 8-3-1979 written by the plaintiff to the defendants. This letter was signed by all the defendants in token of their acceptance of the said terms. As per this agreement, defendants I to 3 and defendants 4 to 7 were to be allotted 36% of the total built up area on the said plot of land as consideration of the value of the free-hold land i.e. the disputed property. The remaining 64% was to be retained by the plaintiff and all the losses and gains therefrom were to be borne by the plaintiff. Certain conditions were also incorporated in the said letter which permitted the defendants to sell or let out their 36% of the built up area. The plaintiff was to construct as per the Municipal bye-laws in conformity with the Master and Zonal plans of the area. Clause I I of the said letter reads thus:

(3.) Clause 20 of the said letter reads thus :