JAJNYA DUTTA LAHKAR Vs. ASHWIN TEWARI

JUDGEMENT

(1.) Heard Mr. R. K. Bhuyan, the learned counsel appearing on behalf of the appellants. None has appeared on behalf of the respondent in spite of the fact that service has been meted upon the respondent through the counsel appearing on behalf of the respondent in the Trial Court.

(2.) The instant appeal under Order XLIII, Rule 1 (r) of the Code of Civil Procedure, 1908 is directed against the order dtd. 27/9/2019 passed by the Civil Judge No.2, Kamrup (M), Guwahati in Misc.(J) Case No.438/2019 arising out of the Title Suit No.45/2018 whereby the said application seeking injunction was rejected.

(3.) The case of the appellants, who were the plaintiffs in the suit, in brief is that one Minu Lahkar (since deceased) had entered into a registered Deed of Agreement bearing Deed No.7360 dtd. 12/11/2010 with the respondent herein for construction of a multistoried building by the respondent. In terms with the said registered Deed of Agreement dtd. 12/10/2010, Late Minu Lahkar was entitled to be allotted two fully constructed Deluxe Flat comprising of 1200 sq. feet X 2 = 2400 sq. feet (including 20% super buildup area) plus two car parking slots on the ground floor or basement floor. In terms with the said registered Deed of Agreement dtd. 12/10/2010, it was further mentioned that each flat shall include two bed rooms, drawing-cum-dining room, kitchen and toilet. It was mentioned that the flats shall be handed over to Late Minu Lahkar immediately after completion of the said two flats. In terms with Clause 4 of the said agreement, Late Minu Lahkar was further entitled to an amount of Rs.22,00,000.00 from the respondent. In terms with Clause 14 of the said registered Deed of Agreement dtd. 12/10/2010, the respondent had declared that he would normally take 1 " years from the date of obtaining the requisite construction permission from the concerned authority/authorities to complete the type of project, and hence, it was stipulated that save and except any reasonable cause for delay, the respondent confirmed Late Minu Lahkar to complete her share of buildup space within a period of 1 " years. In terms with Clause 24 of the said registered Deed of Agreement dtd. 12/10/2010, Late Minu Lahkar was required to give an irrevocable General Power of Attorney in favour of the respondents with full right to construct the residential building, sell the units etc. of the proposed multistoried building to any person or persons to receive consideration amount thereof and to execute and sign on any agreement to sell and sale deed or transfer in favour of the intended purchaser/purchasers and all other rights as may be necessary.