UTPAL DASGUPTA Vs. MRINAL KANTI SINHA

JUDGEMENT

(1.) The Court : Unnecessary time has been wasted over a matter with no merit whatsoever. Provisions of the Contract Act clearly inapplicable to the facts have been cited.

(2.) The appellant is one of the co-owners of a property in respect whereof a development agreement was entered into and the developers entered into an agreement, on the strength of the authority conferred on the developers by the development agreement, with third parties for the sale of flats at the building proposed to be constructed in terms of the development agreement. The first respondent was one of such purchasers.

(3.) The construction has been completed. The first respondent is in possession of the flat or flats that he purchased.