BHAWNA SETH Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) The plaintiff has filed a suit for specific performance of the Agreement dated 15-9-1987 entered into with the defendants in respect of space No. 149, The Shopping Mall, DLF Qutab Enclave Complex, Gurgaon. It is the case of the plaintiff that the plaintiff paid the initial amounts but subsequently the "defendants arbitrarily increased the covered area and sought further amounts from the plaintiff, which was in violation of the Agreement. The disputes between the parties resulted in the defendant ultimately issuing a letter dated 2-5-1997 informing the plaintiff that the space has been cancelled for non-payment of dues by the plaintiff but the Agreement could be restored if the full amount claimed along with the holding charges were paid. Since the disputes, did not get resolved the suit was filed. The prayer made in the suit is as under : "It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to pass a decree in favour of the plaintiff and against the defendant, directing the defendant to execute the sale deed in respect of property No. 149, "The Shopping Mall", DLF Qutab Enclave, Gurgaon, in favour of the plaintiff.

(2.) Defendant No. 1 has contested the suit on various grounds. The defence on the merits is that the plaintiff has failed to pay the amounts under the Agreement. It has also been stated that the same was conveyed to M/s. Apollo Land & Housing Finance Limited, defendant No. 2. One of the preliminary objections raised is of lack of territorial jurisdiction to try the present suit since the property is situated in Gurgaon and defendant No. 2 has a registered office also in Gurgaon Haryana.

(3.) On the pleadings of the parties, issues were framed on 17-1-2007 and issue No. 6 was directed to be treated as preliminary issue, which reads as under : "6. Whether the suit is barred on account of territorial jurisdiction ? OPD"