MOTILAL MANSHI SHAH Vs. SURYAKANT K SHETH

JUDGEMENT

(1.) The present notice of motion has been initiated inter alia for seeking relief of appointment of Court receiver, High Court, bombay and/or granting of interim Order of restraining the defendant from alienating, encumbering developing any tenancy right or creating new tenancy or parting with possession of the suit property being a plot of land along with the building standing thereon known as "irla Sadan" situated at Irla, Ville Parle (West) , Bombay 56. Some of the material facts of the present case briefly enumerated are as under :

(2.) The suit has been filed inter alia seeking a declaration that there is a valid and subsisting agreement in respect of a suit property dated 8-9-2000 being ex. B to the plaint and further reliefs of specific performance of the said agreement dated 8-9-2000 is sought. The plaintiff has also claimed that a deed of assignment executed by and between the defendant No. 1 and defendant No. 3 to be declared as void and fabricated document and the same should be cancelled by this Court.

(3.) The plaintiff in the present case is claiming a specific performance of an agreement supposed to have been reduced in writing. The said Ex. B-1 is a writing in a nature of a receipt. It inter alia states that a deal is entered into between Motibhai and Suryakantbhai in the presence of one Vijay Javeri in respect of the building, Irla Sadan for a total sum of Rs. 36,27,000/-, out of which rs. 1,27,000/- has been paid by way of earnest money. It further provides that balance amount of Rs. 35,00,000/- shall be paid against the clearance of official documents and legal paper.