SUSHIL JAVHER SHIVDASANI Vs. AIR INN PVT LTD

JUDGEMENT

(1.) The plaintiff has sued for specific performance of an agreement/contract of sale/purchase of the suit premises being Unit No. C02 on the ground floor of the building known as Hiranandani Corporate Plaza, Near Sahar Airport, at Village Sahar, Taluka: Andheri (E), Bombay and incidental reliefs.

(2.) The plaintiffs Notice of Motion is for an injunction against the defendants restraining them from disposing, alienating, selling or transfer or creating 3rd party rights in the suit premises or in the entire building to be constructed in the premises described in Exhibit-A to the plaint and other incidental reliefs. Mr. Mody on behalf of the plaintiff fairly stated that he would press for an injunction only in respect of a premises of 945 sq. ft., on the ground floor of the building known as Hiranandani Corporate Plaza.

(3.) The defendants allotted a premises of 900 sq. ft. on the ground floor of the aforesaid building upon acknowledging receipt of Rs. 45,000/- by two Pay Orders from the plaintiff under their letter dated 27th April, 1989, Exhibit-B to the plaint. The letter of allotment Exhibit-B shows the area of the premises to be allotted on the ground floor of the suit building. The allotment letter was issued upon the consideration received which would be part of consideration for the suit premises.