DAMODAR GULABRAI BELANI Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) F .I. Rebello, J. : 1. The petitioners in Writ Petn. No. 2507 of 1993 were the owners of property bearing plot No. 60, survey No. 85, CS Nos. 1362, 1362/1 to 1362/8 admeasuring 1819.41 sq. mtrs. together with bungalow and outhouse situated at Versova, Andheri (West), Bombay - -400 058 (hereinafter will be referred to 'as the property'). These petitioners will hereinafter be referred to as 'the owners'.

(2.) HARBANS Singh Kohli (hereinafter be referred to as 'the first purchasers'). By the agreement, the petitioners agreed to sell to the first purchasers the property with the structures existing thereon. By a supplementary agreement entered into of G.K. Makhijani. The owners and the first purchasers applied to the Appropriate Authority for no -objection certificate in Competent Authority certified that it has no objection to the transfer of the said property. Subsequent to the agreement, one of the first purchasers (Sardar Bhupender Singh Sethi) succeeded in getting vacant possession from five tenants Properties (P) Ltd. (hereinafter to be referred to 'as the second purchaser). The first purchasers were parties to the said agreement as confirming parties. The main terms of the agreement, according to the owners, are as under :

(3.) THERE are various other clauses in the agreement, which need not be reproduced, except cl. 11 which reads as under :