JAMNADAS MATHRADAS Vs. BAF HIRA BUILDERS PRIVATE LIMITED

JUDGEMENT

(1.) The Appellant (the Plaintiff) has challenged the judgment and decree dated 24 October, 2008 whereby his Suit for specific performance against all the Respondents has been dismissed in toto.

(2.) The Appellant attracted by Respondents 1 to 3 s advertisement dated 1 July 1979 alleged to have booked a two room kitchen flat bearing Flat No.20 A, on the 4 th floor of Building No.5 at Baf Hira Nagar, Marve Road, Malad (West), Mumbai and paid the earnest money by a cheque on 2 July 1979 of Rs.5,500/ in favour of Respondent No.1 and paid cash to one M/s.Laxmi Housing Agency, alleged sole agent. The same were duly acknowledged.

(3.) On 3 November 1979 the Appellant enquired about the agreement and the commencement of construction date. That was followed by a communication of another letter dated 17 November 1981. On a communication from M/s. Laxmi Agency, the Plaintiff visited the office also on 19 February 1981. As alleged an assurance was again given by Respondents 1 to 3 that building s construction would commence by 15 April 1981 and the work would be completed in 18 to 20 months. The Appellant communicated on 23 August 1981 to the Respondents that they were bound by the original contract terms and conditions, therefor not willing to modify the terms and conditions of payment and consideration as informed in the meeting dated 14 August 1981 by Respondents 1 to 3. The construction work never commenced as stated by the Respondents. Advocate s notice dated 18 October 1982 was sent by the Plaintiff to execute the agreement. The Plaintiff thereafter also relied upon oral assurances as contented, till July 1986. Respondents 1 to 3 had conveyed by an agreement the property in favour of Respondent no.4 who had commenced the construction on the site.