SHASHI KANT SHARMA Vs. JITENDRA KUMAR JAIN

JUDGEMENT

(1.) Defendants 2 to 5 in C.S.No.634 of 2013 on the file of this Court are the applicants in these Applications.

(2.) The first respondent/plaintiff filed the above suit in C.S.No.634 of 2013 for specific performance of an agreement dated 24.7.2013, and for permanent injunction.

(3.) The case of the first respondent/plaintiff is that the suit property belongs to defendants 2 to 5. Defendants 2 to 5 are residents of Jaipur, Rajasthan. The first respondent/plaintiff is the resident of Chennai and is carrying on various businesses. The first defendant is a company carrying on the business of real estate development and sale at Chennai and at other places in India. The first defendant / second respondent in these Applications represented to the plaintiff that the first defendant had entered into a Development Agreement with defendants 2 to 5 for developing their property bearing No.O-13, located at Ashok Marg, C-Scheme, Jaipur, admeasuring an extent of 1950 sq.yards (17,550 sq.ft.) by putting up construction of a residential apartment complex therein under the name and style of "Master Piece" and the Development Agreement was registered before the Sub Registrar I, Jaipur. As per the Development Agreement dated 22.7.2013, the first defendant/second respondent is entitled to develop the project in and upon the suit schedule property and sell/dispose of his share of the flats/units, namely, 47,100 sq.ft. constructed area together with proportionate undivided share in the property and the owners/applicants defendants 2 to 5 agreed to convey the proportionate undivided share to the first defendant or their nominees either directly or through power agent. The first defendant/second respondent offered to sell a portion of his share in the development to the plaintiff as a package deal consisting of 6 flats at a pre-launch price. The plaintiff agreed to purchase an extent of 3510 sq.ft. of undivided share in the suit schedule property and to get six constructed flats in all admeasuring 16,550 sq.ft. in the 9th, 10th and 4th floors of the proposed residential complex known as "Master Piece" and the price was agreed at Rs.1,50,00,000/- for the undivided share of land and Rs.5,44,75,000/- towards cost of construction. The plaintiff and the first defendant entered into a Sale cum Builder Agreement on 24.07.2013 at Chennai, whereby the first defendant agreed to convey 3510 sq.ft. undivided share in the suit schedule property to the plaintiff and also agreed to put up construction of 16,550 sq.ft. of super built up area consisting of 6 residential flats as detailed in the scheme and the plaintiff also paid an advance of Rs.1,00,00,000/- and agreed to pay the balance sale consideration in respect of undivided share at the time of execution of the sale deed. Mean while, the first defendant informed the plaintiff that the defendants 2 to 5 terminated the agreement dated 22.7.2013 entered into between them. Therefore, the first defendant expressed their inability to convey the undivided share of land. According to the plaintiff, the termination of the agreement dated 22.7.2013 entered into between the first defendant and defendants 2 to 5 was only a make belief affair to defraud and cheat the plaintiff and the plaintiff was ever ready and willing to perform his part of the contract. Hence, he is entitled to get the sale deed in respect of 3,510 sq.ft. of undivided share in the suit schedule property and therefore, filed the suit for the aforesaid reliefs.