BELA SHARDA Vs. SOM DUTT BUILDERS LIMITED

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiff under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure and in this application, inter alia, it has been prayed that the defendants, its servants/employees/officers/agents or anyone acting on their behalf may be restrained from executing the Flat Buyers Agreement in respect of office space/flat measuring 1000 sq.ft. allotted to the plaintiff on 5th Floor of Narain Manzil, 23, Barakhmaba Road, New Delhi. Notice of this application was issued to the defendants on 3rd March, 1993 and on the same date the defendants were restrained from allotting, selling, transferring or handing over the possession of office space measuring 1000 sq.ft. on 5th floor in Narain Manzil, 23, Barakhamba Road, New Delhi to anyone other than the plaintiff. A reply to the application has been filed on behalf of the defendants and the plaintiff has also filed the rejoinder. The arguments were heard in part on 18th January, 1994 and on that date I directed the learned counsel for the defendant to file an affidavit with regard to the stage of the completion of the building. Pursuant to this order, an affidavit dated 20th January, 1994 has been filed on behalf of the defendants.

(2.) Briefly stated the facts of the case are that the plaintiff had submitted an application form to the defendants for provisional booking of flat/showroom in the proposed multi-storyed building, Narain Manzil, 23, Barakhamba Road, New Delhi on 14th December, 1988 and in her application she had mentioned the area required approximately as 1,000 sq.ft. The said application form was submitted through Shri Surender Arora, who is an agent for the purchase and sale of the properties. The application form itself contained the schedule of payment and as per the said schedule 20% of the amount was required to be paid at the time of booking, 10% by 31st March, 1989, 10% by 30th June, 1989 and 10% on commencement of excavation of basement. Further payments have also been mentioned in this schedule but those payments are not relevant for the purpose of deciding this application. After submission of the application, the plaintiff had paid a sum of Rs.50,000.00 by way of cheque on 15th December, 1988 and a further sum of Rs.1,75,000.00 on 16th January, 1989.

(3.) It is the admitted case of the parties that the rate at which the flat space was booked was 2250 per sq. ft. Thus the total cost of 1000 sq.ft. comes to Rs.22,50,000.00 and the cost of 500 sq.ft. comes to Rs.11,25,000.00. From the documents filed by the plaintiff herself, I find that the defendants by their letter dated 20th March, 1989 had informed the plaintiff that the approximate area booked by her was 500 sq.ft. and for that booking she had already paid a sum of Rs.2,25,000.00. By this letter, the defendant had demanded another sum of Rs.1,25,500.00 by 31st March, 1989 being the 30% of the value in terms of the schedule of payment mentioned in the application form.