- (1.) The building of the suit property upon which the building of the plaintiff society has been constructed by defendant No.3 initially belonged to defendant No.1. Under a development agreement the plot of land of defendant No.1 came to be developed and the plaintiff's building came to be constructed. A small part of the development/construction remained. The parties had agreed to develop it later. Defendant No.1, the initial owner was to convey the entire property to the plaintiff society as per the statutory mandate. That has not been done and a litigation in that behalf is pending before the property authority.
(2.) Defendant No.1 has instead sought to convey the property to defendant No.2. The defendant No.2 seeks to construct upon the old remaining structures which were not demolished or constructed upon utilising the FSI of the entire plot of land including of that of the plaintiff society building upon the conveyance in its favour. Defendant Nos. 1 and 2 are essentially the same firm. However the partnership firm of defendant No.1 stood dissolved and it is represented by another partner.
(3.) The plaintiff has sued for declaration that the conveyance deed of defendant No.1 in favour of defendant No.2 is illegal and void and for its cancellation, for a consequent declaration that a certain lease to be made in favour of defendant No.1 has stood forfeited, for the execution of the deed of conveyance in favour of the plaintiff society as per the statutory mandate contained in the Maharashtra Ownership Flats Act, 1963 (MOFA) and for an injunction against development and construction by defendant No.2.;