- (1.) The Court.-In May 1987, the plaintiff filed a suit against the defendant deity and 9 others as Shebaits/Trustees of the deity. The case of the plaintiff is that the defendants Shebaits/Trustees approached the plaintiff for development of about 70 cottahs of land for construction of a multi-storeyed building and that after negotiations on 25th July 1986 an agreement was entered into between the plaintiff and the defendants on the following terms : (a) That the plaintiff would develop about 70 cottahs of land out of about 92 cottahs of land at premises No. 8, Ekdalia Road, Calcutta 700019, belonging to the defendant No. 11 deity after excluding about 24 cottabs of land within the temple compound ; (b) That the plaintiff would construct multi-storeyed residential buildings on the said 70 cottahs of land and that the existing buildings on the said 70 cottahs of land would be demolished at an appropriate stage in course of development ; (c) That in consideration of the value of the property the plaintiff would pay to the defendants and the defendants would be entitled to receive from the plaintiff a sum of Rs. 1,00,00,000/- (Rupees One Crore only) to be paid in installments as agreed by the parties ; (d) That the defendants will be further entitled to receive 25,000 square feet of super floor area in the buildings to be constructed by the plaintiff; (e) That the balance area in the building to be constructed by the plaintiff as aforesaid shall belong to and remain with the plaintiff which shall be at liberty to dispose of the same according to its sole discretion; (f) That the proposed buildings to be constructed shall be completed within the periods of 48 months from the date of obtaining vacant and peaceful possession of the said 70 Cottahs of land by the plaintiff from the defendants and/or the plans of the buildings being sanctioned."
(2.) It is the plaintiff's case that pursuant to tire agreement with the plaintiff, it paid a sum of Rs. 20,000/- to the defendant No. 3 and thereafter between 4th July, 1986 and 29th July, 1986 a further amount of Rs. 45,000/-. It is the plantiff's case that the defendants were threatening to act in breach of the agreement although the plaintiff has performed and was ready and willing to perform its obligation under the agreement. It is further said that the plaintiff has the right to enjoy the benefit of the agreement between the parties to the exclusion of all others. In paragraph 13 of the plaint it has been stated that the defendants had agreed to sell the premises to the plaintiff under the agreement.
(3.) On the basis of these allegations the plaintiff filed this suit with leave under Clause 12 of the Letters Patent for the following reliefs : "(c) A declaration that the said agreement dated 25th July 1986 is valid and subsisting and the plaintiff's entitled to enjoy the rights under the said agreement to the exclusion of all others ; (d) A permanent injunction restraining the defendants, its servants, agents or assignees from entering into any agreement or any transaction affecting the right of the plaintiff under the said agreement dated 25th July 1986 or to do any act which is in derogation of the rights of the plaintiff under the said agreement dated 25th July 1986 or for commissioning any act which would be contrary to the rights of the plaintiff under the said agreement dated 25th July, 1986 ; (e) Damages; (f) Receiver; (g) Injunction; (h) Costs;. (i) Further and otter reliefs.";