M/S. GUNDECHA BUILDERS Vs. NAVINCHANDRA N. MAJITHIA

JUDGEMENT

(1.) THE Plaintiff has taken out this Originating Summons under Rule 241 of the High Court (O.S.) Rules for answering certain questions that arise upon the agreement entered into by and between the parties. The Defendant initially purchased the suit property on 10th April 1974 from a certain Mehta Family. Thereafter the Defendant agreed to sell the suit property to the Plaintiff. The suit property is a plot of land under final Plot No.33 of TPS - VI, Santacruz. The agreement between the parties ExhibitC to the plaint has been executed on 13th June 1978. On the same day an indemnity has been executed by the Defendant in favour of the Plaintiff in respect of a certain litigation of one BEST Cooperative Society (BEST Society) to whom also the Defendant had agreed to sell the suit plot of land. On the same day the Defendant wrote a letter to the Plaintiff in respect of another suit being Suit No.911 of 1970 which was filed by the original Vendors against one occupant in the property which the parties were to settle.

(2.) THE parties, therefore, entered into a complete transaction with regard to these aspects on a single day - 13th June 1978. It is in view of this that the agreement would have to be interpreted so as to answer the questions framed by the Plaintiff in this Originating Summons.

(3.) UNDER the agreement the covenants to be performed by the Defendant as a vendor are separate and distinct and not shown to be the reciprocal promises of the Defendant to be performed upon which the Plaintiff would make payment of consideration as agreed between the parties in his capacity as the purchaser. These are clauses 2 to 6 which run thus: