LAWS(CAL)-2014-2-22

ASHOK KUMAR JAISWAL Vs. ASHIM KUMAR KAR

Decided On February 13, 2014
ASHOK KUMAR JAISWAL Appellant
V/S
Ashim Kumar Kar Respondents

JUDGEMENT

(1.) I have gone through the painstaking well versed judgment of My Lord the Hon'ble Mr. Justice Sanjib Banerjee. I fully endorse his view. Yet I wish to add few lines looking at the problem slightly from a different angle.

(2.) The owners would contend, section 14(3)(c)(iii) would specifically debar a developer to file a suit for specific performance against the owner of the property. They would gain support from Vipin Bhimani . They would also contend, we must give literal meaning to the provision that the Apex Court recognized as the golden principle of interpretation as observed in Lalu Prasad Yadav Vs. State of Bihar .

(3.) The relevant extract of section 14 is set out below: