RAJINDER BALI Vs. SABH INFRASTRUCTURE LTD.

JUDGEMENT

(1.) A collaboration agreement was entered into on 30th April, 2012 between the Appellant/Mrs. Rajinder Bali (hereinafter owner) and the Respondent/Plaintiff (hereinafter builder). The collaboration agreement was in respect of property bearing no.D-49 situated at Greater Kailash, Enclave-II, New Delhi measuring 408.33 sq. yds (hereinafter, suit property)..

(2.) The relevant clauses of the Collaboration agreement are set out herein below:

(3.) As per the said agreement, the entire basement, Ground Floor, Second Floor, Third Floor, terrace over and above the Third Floor, along with stilt area, servant quarter, common area, etc. was to fall in the share of the owner. The entire First Floor, a servant quarter along with use of common area was to fall in the share of builder. The owner would therefore have 77.5% of the undivided indivisible ownership rights in the plot and the remaining 22.5% was to vest with the builder. In addition to the ownership of the First Floor, the builder was to pay to the owner a sum of Rs. 2.25 crores as consideration against the rights in the property.