CHUCKLES KOHLI Vs. RAVINDER SINGH

JUDGEMENT

(1.) This is an appeal filed by the original defendants against order dated 03.12.2010 passed by the learned Single Judge in IA No.9657/2008 in Suit no.1440/2008. The appellants had filed the said application under the provisions of Order 7 Rule 11 read with section 151 of the Code of Civil Procedure, 1908 (in short the Code) seeking a rejection of the plaint on the ground that it lacked cause of action as, according to them, there was no legally enforceable "agreement to sell" in existence.

(2.) In order to decide the appeal it would be useful to advert to the broad averments in the plaint made by the respondent.

(3.) With the aforesaid pleadings in place, a suit was filed by the respondent on 30.05.2008, seeking a decree of specific performance against the appellants qua the MOU. A concomitant direction was also sought against the appellants for execution of sale deed and other documents in respect of the suit property.