Arijit Banerjee, J. - (1.) This is an application filed in a suit for specific performance of an agreement which the plaintiff/petitioner claims to have entered into with the defendant no. 1 for joint development of premises no. 50 and 50/1 Rafi Ahmed Kiwadi Road, Kolkata 700016 (hereinafter referred to as the 'suit premises'). The defendant nos. 2 to 5 were added as defendants to the suit pursuant to an order of the Hon'ble Appeal Court passed in an appeal carried from an interlocutory order passed in the suit. The defendant nos. 2 to 5 admittedly purchased the suit premises from the defendant no. 1 which was the sole and absolute owner thereof, by a registered deed of conveyance dated 15 December, 2012. In the present application the petitioner prays for an order directing the Special Officer who is in symbolic possession of the suit premises to take actual possession of certain portions of the suit premises as mentioned in paragraph 12 of the petition. Further, an order of injunction has been prayed for to restrain the defendant nos. 2 to 5 (in short the 'added defendants') from dealing with and/or disposing of and/or alienating and/or encumbering and/or creating any third party interest and/or transferring any part or portion of the suit premises. Case of the plaintiff/petitioner:-
(2.) At all material times the respondent no. 1 was the sole and absolute owner of the suit premises which was fully occupied by tenants.
(3.) In July, 2007 the respondent no. 1 approached the petitioner and after negotiations it was agreed by and between the parties that:- (i) The suit premises would be jointly developed by the petitioner and the respondent no. 1. (ii) Such development shall take place after the respondent no. 1 recovers vacant possession of the suit premises in its entirety by negotiating with the existing tenants. (iii) The petitioner shall pay to the respondent no. 1 an aggregate sum of Rs. 2.25 crores in instalments out of which a sum of Rs. 1.25 crores shall be utilized by the respondent no. 1 to pay compensation to the existing tenants/occupiers. (iv) Upon recovering vacant possession of portions of the suit premises, the respondent no. 1 shall make over possession of such vacant portions to the petitioner, who shall hold such portions as tenant thereof. (v) The balance sum of Rs. 1 crore will be paid by the petitioner to the respondent no. 1 after vacant possession of the suit property in its entirety is received by the petitioner. The petitioner recorded these terms in a letter dated 20 July, 2007. The terms were accepted and confirmed by the respondent no. 1.;