VINOD SETH Vs. DEVINDER BAJAJ AND ANR.

JUDGEMENT

(1.) FAO (OS) No. 19/2009

(2.) THE appellant has filed a suit for specific performance of an oral agreement of collaboration in respect of property of the respondent located at A -1/365, Paschim Vihar, New Delhi. The appellant claims to have paid a sum of Rs. 51,000/ - in cash against a receipt signed by the first defendant. No agreement has been executed in writing.

(3.) THE appellant filed the suit without claiming any interim relief. The learned Single Judge as per the impugned order has noticed that though no interim relief is prayed for, in view of the provisions of Section 52 of the Transfer of Property Act, 1882, the rule of lis pendens would apply which in a sense casts a cloud on the property in question. The learned Single Judge was conscious of the fact that the suit cannot be dismissed at the threshold, and that a trial has to take place and considered it appropriate that the appellant should file an affidavit/undertaking to the court that in the event of his not succeeding in that suit, a sum of Rs. 25 lacs by way of damages would be payable to the respondents. This figure has not come out of the blue but is based on the averment in the plaint that the appellant was to spend Rs. 20 lacs on the development of the property and in lieu thereof was to become the owner of the ground floor of the newly constructed property.