DAVENDER KUMAR SHARMA Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is a suit for specific performance of the agreements, alleged to have been executed between the parties. The case of the plaintiff in nutshell is that vide agreement to sell dated 14.03.2011 and a Memorandum of Understanding of even date, defendants No. 1 to 10, who are the owners of Property No. MPL No. WZ-14-C, built on plot Ahata No. 40, measuring 200 sq. yards, out of Khasra No. 217, 218, 219 & 220, Manohar Park, Delhi, agreed that the ground floor of the aforesaid property would be sold by them to the plaintiff for a total sale consideration of Rs 95 lakh. It was further agreed that on receiving possession of the ground floor of the aforesaid property, the plaintiff would demolish the same and construct a four-storey building on it. The ground floor and the third floor of that building were to come to the share of the plaintiff, whereas, the first and second floor were to come to the share of defendants No. 1 and 2. Defendants No. 3 to 10 were to get the amount of Rs 95 lakh. It is an admitted position that a sum of Rs 66,16,666/- was paid by the plaintiff either directly or through defendant No. 11 to defendants No. 1 to 10. However, neither defendants No. 3 to 10 have surrendered their share in the suit property in favour of defendants No. 1 and 2 nor has the possession of the property been given to the plaintiff. The plaintiff has accordingly claimed the following reliefs in this suit:-

(2.) Relying upon the Supreme Court decision in Vinod Seth v. Devinder Bajaj & Anr., 2010 6 SCALE 241, the learned counsel for the defendants No. 1 to 10 has submitted that a contract of the nature set up by the plaintiff cannot be enforced and, therefore, no interim order can be passed, restraining them from creating any third party interest in the suit property, during pendency of the suit. In the case before Supreme Court, the plaintiff had an oral agreement between the parties and the oral terms alleged by him were as follows:-

(3.) Section 14 of Specific Relief Act, to the extent it is relevant, reads as under:-