MAHENDRA J VORA Vs. ADITYA ENTERPRISES

JUDGEMENT

(1.) THE suit is filed inter-alia for a declaration that an agreement dated 26.8.2002 has been legally and validly terminated with effect from 10.3.2004 and that the Defendants have no right and/or interest under the said agreement and in respect of the construction already put up by Defendant Nos.1, 2 and 3 thereon and for a mandatory injunction ordering the Defendants to remove themselves and their material from the suit property. The Plaintiffs have also claimed damages.

(2.) THE Plaintiffs claim to be entitled to various rights in respect of the suit property. Development and other rights were granted by the Plaintiffs in favour of Defendant No.1 by an agreement dated 26.8.2002. Defendant Nos.2 and 3 are the partners of Defendant No.1. Defendant Nos.1 to 3 in turn entered into agreements to sell in respect of nine flats in the proposed construction. As their interests are likely to be affected, by an amendment pursuant to an order dated 1.4.2005, Defendant Nos.4 to 15 were impleaded. By the said amendment the Plaintiffs sought a declaration that the agreements entered into by Defendant Nos.1 to 3 with them are void ab-initio and in any event not binding on the Plaintiffs.

(3.) IT is to be noted that the prayers if granted would virtually amount to decreeing the suit and dismissing the counter-claim filed by Defendant Nos.1 to 3 for specific performance. Mr.Parekh did not deny the same. He however submitted that the facts and circumstances of the case, warranted such orders even at the interlocutory stage.