BHAVNANI DEVELOPERS PRIVETE LIMITED Vs. JALAN AND COMPANY

JUDGEMENT

(1.) This appeal is at the instance of a defendant in a suit for damages and other consequential relief and is directed against order dated July 11, 1995 passed by a learned Single Judge by which His Lordship rejected an application filed by the present appellant for rejection of the plaint.

(2.) The respondent before us filed a suit for recovery of Rs. 15 lakh as damages against the present appellant and another who was the defendant No. 2 on the allegation that the defendant No. 2 was the owner of the plot of land measuring about 30 cottahs situated at premises No. 5B, Judges Court Road, Alipore, Calcutta and the said defendant No.2 entered into an agreement with one S. L. Kayal and Company for development of the said property and that the said S. L. Kayal and Company with the consent of all the parties subsequently assigned the said agreement in favour of the present appellant. According to the plaintiff-respondent, in terms of the said agreement, the S. L. Kayal and Company and the defendant No.2 agreed to get the conveniences done in favour of the prospective buyers of flats pursuant to the said agreement through the plaintiff, a solicitor firm. According to the plaintiff, the defendant No. 2 and the appellant had been getting such conveniences done by the solicitors other than the plaintiff. It was further alleged that the appellant and defendant No. 2 evinced their intention not to abide by the said agreement and had repudiated the same. The plaintiff, in effect, sought specific performance of a part of the said agreement entered into between defendant No.2 and the said S. L. Kayal and Company and at the same time, claimed damages for breach of such agreement.

(3.) The present appellant, after entering appearance in the suit, filed an application for rejection of the plaint on the ground that the averments made in the plaint did not disclose any cause of action for filing the suit against the appellant and thus, the plaint was liable to be rejected.