Arijit Pasayat, J. - (1.) Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Bombay High Court in Second Appeal filed by the respondents.
(2.) Background facts, as projected by appellant in a nutshell are as follows: An agreement was entered into between Viraj Construction-respondent No.9 in this appeal and respondent No.1 Somavanshi Arya Kshatriya Samaj (hereinafter referred to as the Trust") on 7.7.1985 for construction of a multi-purpose Community hall free of charges. Trust agreed simultaneously to surrender certain portions of the Trust land to respondent No.9 for development. On 3.7.1987, an agreement was entered into between appellant and respondent No.9 in respect of the right to develop the plot of the trust in terms of the agreement dated 7.7.1985. It was agreed that the appellant will be the sub developers of the plot and would construct the community hall. A sum of Rs.3,00,000/- was payable as consideration to respondent No.9. On 26.4.1988 the respondent No.1-trust filed a civil suit (Civil Suit No.190 of 1988) for declaration and injunction in the Court of Civil Judge, junior division, Kalyan praying inter alia for the following reliefs : A. Declaration that the defendants cannot commit breach of the agreement dated 7th July, 1985; B. Permanent injunction restraining the defendants from carrying out any construction on the suit land in breach of the agreement.
(3.) The said suit was filed by respondent No.2, Nilkanth Mahadeo Kamble as the chief trustee of the trust.;