RAJU SARDANA Vs. PAWAN ARYA

JUDGEMENT

(1.) The present petition is filed against the order dtd. 9/4/2018 (hereafter 'impugned order') passed by the learned Additional District Judge ('ADJ'), West District, Delhi in Civ DJ No. 611272/16 whereby the suit for specific performance filed by Respondent No. 1 was partly decreed in his favour in terms of the compromise arrived at between Respondent No. 1 and Respondent No. 4.

(2.) It is the petitioner's case that the petitioner through his mother and Respondent No. 4 are co- owners of the property bearing No. 3/28, West Patel Nagar, New Delhi - 110008 admeasuring 200 square yards (hereafter 'suit property'). On 29/8/2009, the petitioner and Respondent No. 4 entered into a collaboration agreement with Respondent Nos. 2 and 3 for the work of construction (being the basement, ground floor, first floor, second floor and third floor) on the suit property. In accordance with the collaboration agreement, Respondent Nos. 2 and 3 were to complete the work of construction within a period of 12 months. Further, post the completion of the work as stipulated under the collaboration agreement, Respondent Nos. 2 and 3 were to retain the second floor of the suit property.

(3.) During such time, prior to the completion of construction, Respondent Nos. 2 and 3 entered into an agreement to sell dtd. 26/11/2009 for selling the second floor of the suit property to Respondent No. 1 who is stated to be the owner of the adjoining property bearing No. 3/27. Respondent No. 1 further connected the second floor of his property with the second floor of the suit property and also took possession of the same. It is the case of the petitioner that Respondent Nos. 2 and 3 failed to carry out the construction work within the stipulated time. It is further the case of the petitioner that since Respondent Nos. 2 and 3 failed to comply with the terms and conditions as stipulated in the collaboration agreement, no right, title or interest with respect to the second floor of the property existed in favour of Respondent Nos. 2 and 3 for them to alienate any right, title or interest in favour of Respondent No. 1.