KISHORE GUPTA Vs. K K KURIAN

JUDGEMENT

(1.) The plaintiff Kishore Gupta has filed the instant suit for permanent and mandatory injunction to restrain the defendant from interfering with possession and construction in the suit property bearing No.303/A-87, Nehru Gali, Mandawali Fazalpur, Delhi and to sign and execute all correspondences, papers, etc. as well as sanctioned plan and get the same sanctioned from the competent authorities.

(2.) Case of the plaintiff as reflected in the plaint is that defendant is the owner of the suit property. He entered into a collaboration agreement dated 28.04.2014 with him whereunder he agreed to develop and construct shops and flats over it. The plaintiff was to arrange the entire finance for the construction of the entire building. He was required to pay Rs. 78 lacs in instalments to the defendant on various dates described in para No.5 of the plaint. After completion of the construction, the property was to be divided between him and the defendant as per details given in the para No.6 of the plaint. The building was to be completed within fifteen months from the date of possession.

(3.) Further case of the plaintiff is that after payment of Rs. 1 lac cash to the defendant on 28.04.2014, possession of the suit property was taken on 01.05.2014. Since then, he has invested Rs. 30 lacs towards construction on it. A cheque for a sum of Rs. 4 lacs was issued but due to overwriting over it, it could not be encashed. He had offered cash / cheque to the defendant who declined to accept.