SAMEER MADAN Vs. ASHOK KUMAR KAPOOR

JUDGEMENT

(1.) The suit has been filed seeking specific performance of a Collaboration Agreement dated 18th July, 2021 along with prayers for grant of permanent and mandatory injunction against the defendant. In the alternative, damages to the tune of Rs.2,10,00,000.00 have been claimed against the defendant for attempting to cancel the said Collaboration Agreement dated 18th July, 2021.

(2.) The suit is in respect of property bearing No.D-89, situated at Ashok Vihar, Phase-I, Delhi-110052. The defendant is stated to be having 75% share in the said property and in actual, physical possession of his share, while his brother had 25% share in the said property, which the wife of the plaintiff claims to have purchased through an Agreement to Sell from him for a sum of Rs.3,23,00,000.00 , Rs.30,00,000.00 having been paid towards earnest money.

(3.) Mr. Kishore M. Gajaria, learned counsel for the plaintiff, submitted that a Collaboration Agreement was entered into between the plaintiff and the defendant for re-development of the property and the same had been duly signed by the defendant. However, subsequently, he issued a Notice dated 31st July, 2021 to the plaintiff stating that the Collaboration Agreement was an invalid document as it lacked in 'consideration' and had been forced upon the defendant, taking advantage of his age. The plaintiff responded to the said notice. There were WhatsApp communications and talks on the phone between the parties, but the defendant claimed he was being prevented from acting on the Collaboration Agreement by his son and daughter-in-law. Learned counsel submitted that it was in these circumstances that the suit has been filed and it was fully maintainable.