ASHOK JAIN Vs. AJAY ENTERPRISES PVT LTD

JUDGEMENT

(1.) This order shall dispose of an application under Order 7 Rule 11 CPC filed on behalf of the defendant No. 1 for rejection of the plaint of the present suit for want of territorial jurisdiction of this Court to entertain the present suit.

(2.) The plaintiffs had entered into a Flat Buyer Agreement with defendant No. 1 agreeing to purchase a flat to be constructed by defendant No. 1 at Faridabad. The plaintiffs have filed the present suit for permanent and mandatory injunction with the following prayers:-

(3.) It is not in dispute that the plaintiffs had entered into a Flat Buyer Agreement with defendant No. 1 on 25.04.2005. The said Agreement is at pages 1 to 4 of the documents file (Part III file). The counsel appearing on behalf of defendant No. 1 has relied upon a judgment of the Hon'ble Supreme Court in Harshad Chiman Lal Modi Vs. DLF Universal Ltd. and Anr, (2005) 7 SCC 791 in support of his arguments that the proviso of Section 16 (d) of the CPC would not be attracted in the present case and that this Court cannot decide the rights or interest of the parties in the immovable properties situated outside the jurisdiction of this Court. Mr Jain appearing on behalf of the plaintiffs has argued that the decree as prayed for by the plaintiffs in the present suit if granted can be enforced by personal obedience of the officials of defendant No. 1 and therefore according to him proviso to Section 16 (d) CPC would apply and this Court will have the jurisdiction to try the present suit. A bare look to the second prayer made by the plaintiffs in the present suit would show that the plaintiffs in substance are asking for specific performance of the Flat Buyer Agreement executed between the parties on 25.04.2005. The Agreement which is pages 1 to 4 of the document file (Part III file) would show that the said Agreement executed between the parties was a comprehensive Agreement which deals with delivery of possession as well as execution of sale deed in respect of the flat agreed to be purchased by the plaintiffs from defendant No. 1. Clause 12 and 14 at page of the said Agreement are relevant and the same are reproduced here-in-below:-