LALIT I KHILNANI Vs. HUSSEIN KHAN NAWAZ KHAN

JUDGEMENT

(1.) BY this Motion, reliefs of Receiver and injunction are prayed for. Suit is filed for specific performance of the agreement dated 10th February 1982, executed by defendant No.1 in favour of plaintiff.

(2.) ON 18th April 1980, defendant Nos. 1 and 2 entered into agreement and defendant No.2 asigned all right in favour of defendant No.1. On 6th December 1993 Power of Attorney was executed by defendant No.1 in favour of plaintiff. At that time suit plot was a vacant land. Defendant No.1 in turn by an agreement dated 10th February 1983 agreed to assign all rights and claim in the vacant land in favour of plaintiff. The said agreement is at page 80 to the plaint. Specific performance of this agreement is prayed for. In the month of November, 1995, defendant No.1 entered into an agreement with defendants Nos. 4 to 8 for development of the suit the property. Accordingly, defendant Nos. 4 to 8 developed the property and constructed 8 flats. On 9th December 1995 I.O.D. was granted. On 31st April 1995 occupation certificate was granted. Present suit is filed on 17th February 1995. Thus, defendant No.1 has created rights in favour of defendants Nos. 4 to 8. At the time of filing of the suit, property was fully developed. Specific performance of agreement in respect of the vacant land is prayed. Now building is constructed and third party rights are created and third parties are also put in possession. Construction activity was started in the year 1992, however, till March 1995, plaintiff did not take any steps. Plaintiff claims that he was unaware of the construction activities. In my judgment, lapses on the part of plaintiff in approaching the Court, creation of third party rights, third parties being put in possession and nature of the property being changed, plaintiff will not be entitled to the specific performance of agreement dated 10th February, 1986. While passing decree for specific performance, which is a discretionary relief, the aforesaid facts will have to be taken into account. In my judgment, at the most, plaintiff will be entitled for damages. As plaintiff will not be entitled for specific performance of agreement dated 10th February 1986, no interim relief can be granted in favour of plaintiff. In my judgment, this Motion is without substance and deserves to be dismissed.

(3.) PARTIES to act on the simple copy of the order duly authenticated by the Court Associate.