PARKASH JHAM Vs. KHURANA REALTORS

JUDGEMENT

(1.) I.A. No. 23158/2015 (filed by the Plaintiffs under Order 39 Rules 1 & 2 CPC) Shri Parkash Jham (Plaintiff No. 1), his wife Smt. Kamlesh Jham (Plaintiff No. 2) and his son Mr. Sumit Jham (Plaintiff No. 3) have filed this suit against M/s. Khurana Realtors (Defendant No. 1), Mr. Arun Khurana (Defendant No. 2), Mr. Sudhir Arora (Defendant No. 3), Mr. S.P. Gupta (Defendant No. 4) and Smt. Shilpi Baweja (Defendant No. 5) seeking specific performance of an oral Agreement to Sell dated 7th April, 2015 in terms of which, according to the Plaintiffs, Defendant Nos. 1, 2 and 3 had agreed to sell the entire first floor of the property at 107 in Block No. 2, Paschim Vihar, New Delhi, area measuring 256 sq.yds ("the suit premises") to the Plaintiffs. A decree of permanent injunction to restrain the Defendants from creating any third party right in the suit premises has also been prayed for.

(2.) The case of the Plaintiffs is that Defendant No. 1 is a partnership firm of which Defendant Nos.2 and 3 are partners. It is stated that Defendant No.1 is engaged in the business of collaborating, developing residential and commercial complexes. It is further stated that Defendant No. 5 is the sole and absolute owner of the land bearing No. 107, area measuring 256 sq.yds in Block No. 2 which is located in the lay out plan of the Low Income Group Government Servants Cooperative House Building Society Limited, colony known as Sunder Vihar, Paschim Vihar, New Delhi.

(3.) According to the Plaintiffs, Defendant No. 1 through Defendant Nos. 2 and 3 purchased the suit premises from Defendant No. 5 by a registered sale deed dated 8th Sept., 2014 and Defendant No. 1 became the absolute owner of the first floor of the suit premises. It is stated that at that time the suit premises was under construction, and as per the knowledge of the Plaintiffs, there was a collaboration agreement/understanding between Defendant Nos. 1 and 5 that the entire property would be constructed at the cost of Defendant No. 1. Thereafter, Defendant No. 1 would be entitled to the suit premises.