VIJAY DIXIT Vs. SHEILA KHANNA

JUDGEMENT

(1.) This application is filed by the plaintiff under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure to get an order of ad-interim injunction.

(2.) Defendant is the owner of property bearing No.A-10, Lajpat Nagar-III, New Delhi, ad-measuring 427.70 sq.yds. This property was originally belonging to her husband Shri D.N. Khanna and she became the owner of the same on the strength of the Will dated 4.11.1994. The said house was a very old house and in a very dilapidatedcondition and was also not properly kept. In these circumstances the defendant wanted to reconstruct the said house as a modern building after demolishing the existing old structure. But, unfortunately, defendant had no funds to do so.

(3.) Plaintiff has come before the Court with the case that in the beginning of November 1993 defendant, accompanied by her son, Shri K.L. Khanna, approached the plaintiff for the construction of the new building in place of her old house and, thereafter, initially a document of Memorandum of Understanding was executed between the parties on 23.11.1993 and on the same date again the document of Collaboaration Agreement was executed between the plaintiff and defendant. It is further alleged by the plaintiff that the plaintiff was all along ready and willing to perform his part of the said Collaboration Agreement but in spite of the same the defendant issued a notice on 2.11.1995 and terminated the said Collaboration Agreement between plaintiff and herself. Therefore, plaintiff has come before the Court seeking the specific performance of the Collaboration Agreement.