- (1.) THIS Chamber Summons is taken out by the Plaintiffs praying that they be permitted to amend the Plaint in terms of draft amendment as per the Schedule annexed to the Chamber Summons.
(2.) THE Suit is filed by the Plaintiffs against the Defendants for specif-ic performance of an Agreement dated 20th December, 1974 entered into between original Defendant No. 1 described as 'Vendors' and Plaintiffs as 'Purchasers'. It is the contention of the Plaintiffs that as per the said Agreement dated 20th December, 1974, the original Defendant No. 1 agreed to sell the property at Carmichael Road (now known as M.L. Dhanukar Marg), Bombay, consisting of a piece of land together with building standing thereon known as, 'Villa Nirmala' having a ground floor and one upper floor, together with garages and other structures thereon admeasuring about 2665 sq.yds. equivalent to 2145.62 sq. meters. The consideration agreed to be paid by the Plaintiffs to the original Defendant No. 1 was Rs. 2,75,000/-. Out of this, the Plaintiffs claim to have paid Rs. 27,500/- as earnest or deposit money upon the execution of the said Agreement dated 20th December, 1974. The remaining amount of the purchase money of Rs. 2,47,500/- was to be paid of completion of the sale as provided under the said Agreement. The sale was to be completed within 60 days from the date of the agreement with liberty to either of the parties thereafter to make time the essence of the contract by giving 15 days notice in writing in that behalf to the other. The agreement also contained various usual clauses. Clause 14 stated that if the sale could not be completed due to any wilful delay or default on the part of the Vendors, it would be lawful for the purchasers at their option to treat the agreement as having been terminated by giving seven days notice in writing in that behalf and claim the refund of the said deposit by way of earnest money with interest at the rate of 12% p.a. from the date thereof till payment and all costs, charges and expenses of the Agreement along with incidental charges or in the alternative, to file a Suit for the specific performances and/or damages against the Vendors.
(3.) ACCORDING to the Plaintiffs' case, after execution of the above re-ferred agreement dated 20th December, 1974, some other steps like lodging the said Agreement for registration with the Sub-Registrar of Assurances at Bombay, giving public advertisements in the local news papers, etc. were completed.;