ASHOK BUILDERS Vs. ARVIND SHANTILAL SHAH

JUDGEMENT

(1.) BY consentof both the advocates, Chamber summons was taken for hearing and final disposal. I, therefore heard both the Advocates on Chamber Summons taken out by the Plaintiff for amendment of Plaint, as per Schedule 'A' of the Chamber Summons.

(2.) IT was argued by the Plaintiffs' Advocate that foundation for the proposed amendment is laid down in the Plaint and proposed amendment is neither new nor it alters the cause of action.

(3.) THE property belonging to Defendants 1 to 3 and known as Arvind Nivas was purchased by the Plaintiff for Rs. 6 lakhs under agreement of sale dt. 29th September, 1981. The Plaintiff was permitted to make new construction and was to allot shops and go downs without any costs to the Defendants. the new construction to be made by the Plaintiff was to be sold on ownership basis by the Plaintiff and it was to be conveyed to the cooperative society, that was to be formed of the flats, go downs and shed purchasers. Accordingly the Plaintiff constructed a new building as per the agreement and shop number 5,6,7,8 and 9 were given to the Defendants. However, according to the Plaintiff, the Defendants who were to fulfill their obligations of obtaining probate, filing the estate duty proceedings, obtaining tax clearance certificate under section 230 A and other obligations as described in detail in Para No.9 of the Plaint, did not discharged their obligations and consequently, the conveyance in respect of the property was not executed by the Defendants in favour of the Plaintiff. Therefore, the Plaintiff filed the present suit for specific performance of agreement for completion of necessary steps or in the alternative for refund of consideration of Rs. 18,59,000/- and odd together with damages for breach of contract etc.