SARABJEET SINGH GOPAL SINGH BAWEJA Vs. FAIYAZ RANGWALA

JUDGEMENT

(1.) The plaintiff and defendant No.1 entered into an initial development agreement on 17th May, 2007 for development of the suit plot of land which is owned by the plaintiff and which was earlier tenanted. Later the plaintiff entered into a supplementary agreement with defendant No.2 which is the limited company of defendant No.1 on 17th March, 2011 (defendant Nos. 1 and 2 shall be referred to as the defendant). Both the agreements are with regard to the redevelopment of the plaintiff's plot. The parties agreed that the plaintiff would be given specified areas upon redevelopment in the initial agreement and modified the same in the later agreement. The later agreement would, therefore, bind the parties.

(2.) This agreement came to be executed after certain area consisting of two floors came to be surrendered by the plaintiff to the defendant for the consideration of Rs.4.5 crores. The surrender is specified in clause 4 of the agreement. What the parties agreed in the supplementary agreement is, therefore, based upon and taking into account the said surrender and the payment thereof. What is agreed between the parties is the entitlement of the plaintiff as in clauses 5, 6 and 7 of the agreement.

(3.) After the execution of the initial agreement 7 out of 9 tenants were paid off by the defendant. The defendant would, therefore, have those areas appropriated to the defendant for sale upon construction. The other two tenants were paid off later. Defendant No.3 is one of them. There are, therefore, no areas for deduction on account of the tenants as no area is to be offered to any of the tenants. The entire property is for free sale by the defendant, subject only to the plaintiff's entitlement.