ARUN P GORADIA Vs. MANISH JAISUKHALAL SHAH

JUDGEMENT

(1.) The plaintiff has essentially sued for specific performance of an Agreement /MOU executed by and between the plaintiff and defendants on 8th May, 2004, Exhibit- Q to the plaint. The defendants have claimed that the said agreement has been terminated by their notice dated 10 th August, 2005. The plaintiff has sought a declaration that the notice of termination is without authority of law.

(2.) The plaintiff has prayed for an injunction restraining the defendants from creating any 3rd party rights in the suit property in the above Notice of Motion.

(3.) The plaintiff claims to have been granted right, title and interest as a Developer of the suit plot of land. He claims to have purchased T.D.R. in respect of the development pursuant to the Agreement / MOU entered into by him. He also claims to have been made a co-owner of the suit plot of land which has been transferred to him upon payment of consideration pursuant to the Agreement /MOU dated 8th May, 2004. He further claims to have acted upon the said agreement to develop the suit plot of land by negotiating and entering into registered agreement with several of the tenants on the suit plot of land. The plaintiff further claims to have obtained ownership rights in respect of certain flats in the building to be constructed on the suit plot of land, also pursuant to the said Agreement/MOU dated 8th May, 2004.