VIJAY SRIVASTAVA Vs. MIRAHUL ENTERPRISES

JUDGEMENT

(1.) This older wiii also dispose of I.A. 1365 of 1986 in Suit No. 450 ofJ986 filed by Rear Admiral KLshi RaJ Sood (thfi plaintiff in the other suit).

(2.) The facts giving rise to this application (J.A. 1367186) and 7.A. No. 1365186 (the other I.A.) in Suit No. 450186 (the other suit) are that Suit. Vijay Sriyastava (the plaintiff) had filed this suit on 25th February 1986 in this High Court and on the same day, the plaintiff in the other suit filed the other suit in this court. The cases set up by the plaintiffs in these suits arc as under :

(3.) M/s. Miranul Enterprises (the defendant No. 1) is a partnership firm with Shri S. B. Kishore (defendant No. 2) as its managing partner and Smt. Kusum Kishore wife of Shri S.B. Kishore, Shri Rahul Kishore son of Shri S.B. Kishore and M/s. Simira Kishore daughter of Shri S.B. Kishore (hereinafter to be referred as defendants No. 3 to 5 respectively) are its other partners. Defendant No. I was engaged in the business of promotors and builders of multistoreyed residential flats in the name and style of "Mirahul Enterprises'. In the course of the said business, the defendants promoted the construction of multistoreyed residential flats on a plot of land bearing No. A-13, Green Park Extension, New Delhi The plaintiff was in need of suitable residential accommodution in Delhi as her husband was retiring and defendent No. 2 knowing about such need approached the plaintiffs husband. Brig. K. K.Srivastava. some time in June/July 1982 and represented to the plainliff and her Husband that the defendants proposed to construct multistoreyed building of residential flats at A-13, Green Park Extension, New Delhi and such building would be known as 'Mirahul Apartments' and the plaintiff would be benefited by making payment of advance booking of flat/flats and a formal agreement to sell could be executed later on. Relying on the representation and acting on the faith thereof, the plaintiff advanced first payment of Rs. 10,000 on 16th July, 1982 for booking of flat No. S-1 in the proposed project of defendant No. I and thereafter from time to time the plaintiff and/or her husband on behalf of the plaintiff paid a total sum of Rs. 3.15,000 between the period from 16th July, 1982 till 9th October, 1983 lo the defendants by cheques/case against receipts issued by defendant No. 1 and the defendant issued lerter dated 7th January 1983 to the plaintiff wherein it was confirmed that the residential flat measuring covered area 1869 sq. ft. in fiats No. S-2 and S-4 had been booked as per area mentioned in the drawings attached with the said letter.