ANIL VERMAN Vs. RAHEJA DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) The appellant filed a suit for specific performance and permanent injunction on the Original Side of this Court, which was numbered as Suit No.1377/1995, making the following prayers:

(2.) The plaint states that one of the employees of the respondent had visited the appellant in connection with the sale of an apartment in the complex which was being developed by the respondent in Nainital when a video tape of the site was shown to him. The appellant claims to have booked one flat on 15.1.1992 and handed over a cheque bearing No.049748 drawn on Central Bank of India for Rs.50,000.00 and another post dated cheque bearing No.948459 dated 25.4.1992 drawn on State Bank of India for Rs.15,000.00. The plaintiff claims that no documents were executed by the respondent in his favour despite lapse of three (3) years. Oral agreement is pleaded for one apartment in Neelanchal Type Economy III, having an area of 818 sq.ft. for a total price of Rs.6,50,310.00. The respondent is stated to have acknowledged the receipt of the sum of Rs.50,000.00 and the fact that the flat was to be a two bedroom unit. However, a larger area of 1076 sq.ft. was developed for which enhanced consideration of Rs.8,55,420.00 was demanded. The appellant, however, wanted to adhere to the initial contract. The appellant came across an advertisement of the respondent in respect of sale of flats and on being contacted the respondent refused to execute any agreement and wanted the current prevailing market price.

(3.) The respondent moved an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'said Code'). The respondent pleaded that it is the appellant who resiled from his obligations and failed to pay the installments. The application is predicated on the plea of absence of territorial jurisdiction of the Delhi High Court apart from the issue of non-readiness and willingness of the appellant to perform his obligations. The property in suit being located at Nainital, it is pleaded that the courts at Nainital alone would have territorial jurisdiction to try & determine the suit.