MOHAMMED M KHALID Vs. SHAHEEN HUSSAIN KHAN

JUDGEMENT

(1.) This C.M.A. is directed against the order dated 15-12-2009, passed by the II Additional Chief Judge, City Civil Courts, Hyderabad, dismissing the application in I.A. No. 4018 of 2008 in O.S. No. 665 of 2008 filed by the appellants-plaintiffs praying to grant temporary injunction restraining the respondents-defendants, their agents, servants, nominees assigns etc., from alienating/transferring the suit schedule property being Flat Nos. 101, 203, 204, 401, 405, 601 and 602, admeasuring 8684 Sft in Shaheen Heights, constructed on premises bearing Nos. 11-3-848, 11-3-848/1, 11-3-848/2, 11-3-848/3, 11/3/848/4 and 11/3/848/5, totally admeasuring 811 Sq. yds. situated at Mallepally, Hyderabad, in favour of third parties, pending disposal of the suit.

(2.) The learned Counsel for the appellants submitted that as per the Development Agreement-cum-General Power of Attorney dated 26-11-2005, the appellants and respondent No. 1, are entitled to built up area in the ratio of 40:60 i.e., 15 and 10 flats respectively. He further submitted that respondent No. 1, as Developer, is entitled to 60% of the built up area i.e. flats, and only in respect of those flats, he is empowered to enter into sale agreements, sell and execute sale deeds, and receive sale consideration from the intending purchasers.

(3.) He submitted that as respondent No. 1 after selling his share of 60% of the built up area, was trying to sell the 40% share of built up area of the appellants, they cancelled the unregistered Power of Attorney executed by them in favour of respondent No. 1, by issuing public notice dated 20-01-2007, which fact is not denied by respondent No. 1 in the written statement filed by him. He submitted that the Power of Attorney having been cancelled, the only document that still remains in force is the Development Agreement dated 25-11-2005.