HAROON RASHID NIZAMUDDIN UMATIYA Vs. JIVATLAL PURTAPSHI

JUDGEMENT

(1.) THE plaintiff seeks to amend the plaint by impleading the respondent and seeking a declaration that an agreement entered into between the respondent and the defendant dated 8th August, 2001 is illegal, unenforceable and not binding on him.

(2.) THE suit was filed on 24th August, 2001, for specific performance in respect of an agreement dated 26th March, 2001 by which the plaintiff agreed to purchase from the defendant various plots of land. The plaintiff filed Notice of Motion No. 2069 of 2001 for the usual interlocutory reliefs in a suit for specific performance. The defendant in his affidavit in reply disclosed the M. O. U. dated 8th August, 2001, by which they agreed to sell and transfer the suit property to the respondent. The plaintiff therefore filed the present chamber summons.

(3.) THE plaintiff contends that the M. O. U. dated 8th August, 2001 is not valid and binding on him, as it was made invalidity and during the subsistence of his agreement dated 26th March, 2001. The plaintiff has further alleged that the M. O. U. dated 8th August, 2001 is a collusive and fabricated document and as such cannot confer any right in the suit property upon the respondent.