CHANDRAVADAN DESAI Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) The petitioners in this case entered into an agreement in June, 1985, with three parties who are conveniently called Thirani, Lansdowne Properties and Onyx Estates.

(2.) The substance of the agreement, which is annexed in extenso to the writ petition, was that the petitioners would pay to Thirani Rs. 13.03 lakhs (approximately), that they would pay to Onyx Rs. 99,150 and to Lansdowne Rs. 33,000 (approximately). By reason of such payments, the possession of four of the flats to be constructed in the building as Surat Bose Road would be given to the petitioners. The builders were Lansdowne. They were to construct and hand over possession. The land owner Onyx would transfer the undivided proportionate share of the land to the petitioners for the said consideration.

(3.) In so far as Thirani is concerned, I construe the said agreement as an irrevocable and final grant to the petitioners of all the right, title and interest of Thirani in the said four future flats ; he was only a Sub-lessee in the old building. The petitioners were, however, still to pay to Thirani the balance consideration sum in the phased manner mentioned in the agreement. Rupees 2.60 lakhs (approximately) was to be paid to Thirani on execution and thereafter ten per cent. by six successive stages, of floor completion and the last instalment only upon possession. Thirani, however, was not to give possession but possession would be given by Lansdowne without any objection from Onyx. The petitioners claim in the writ petition to have paid out already a sum of Rs. 13 lakhs.