GURU ENTERPRISES Vs. VIRENDER BHATNAGAR & ORS.

JUDGEMENT

(1.) MRS . Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni were the owners of property bearing No.2 -E/13, East Patel Nagar, New Delhi. They entered into a collaboration agreement with M/s.Guru Enterprises i.e. the appellant on 13.11.1992 as per which the appellant had to construct a building after demolishing the existing construction. The share of the appellant in the new building to be constructed was agreed as 42.5% and that of Mrs.Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni 57.5%.

(2.) DMRC acquired 125.85 sq.yd. of the land out of the total 800 sq.yd. and thus the building was constructed on 674.15 sq.yd. which was sold by Mrs.Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni and the appellant for a consideration of Rs.95 lakhs by and under a registered sale deed dated 5.7.2004. The sale deed was jointly executed in favour of the purchaser and in the sale deed Mrs.Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni were described as vendors and the appellant was described as a confirming vendor. Noting the fact that as per the collaboration agreement dated 13.11.1992 Mrs.Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni were liable for all past dues qua the property and the future dues had to be shared proportionately, while executing the sale deed dated 5.7.2004, vide covenant No.4, the draftsman deviated from the agreement between Mrs.Kamal Nayan Swanni, Ms.Jibani Swanni, Ms.Gurbani Swanni and Ms.Gurmeher Swanni and the appellant by covenanting with the purchaser as under:

(3.) VIDE covenant No.10 it was recorded as under: