- (1.) Plaintiff Ramesh Chander Sharma having been non-suited by both the Courts below has preferred the present second appeal. Civil Misc. No. 2689-C of 2011 has been filed by the appellant praying to restrain the respondents from alienating the suit property during the pendency of the instant second appeal.
(2.) Plaintiff-appellant filed a suit for specific performance of the agreement for sale with consequential relief of permanent injunction and for delivery of possession. Plaintiff-appellant has contended that defendantrespondents entered into an agreement for sale on 26.2.2005 in respect of the land measuring 2500 sq. yards plotted area out of the land owned and possessed by them for a sale consideration of Rs. 5750/- per square yard. The total sale price of the land works out to Rs. 1,43,75,000/-. Plaintiff paid a sum of Rs. 15,00,000/- to the defendants as an earnest money through three bank cheques. The balance amount was to be paid against the allotment of the disputed area. The defendants before ever entering into agreement for sale with the plaintiff, entered into a collaboration agreement on 17.6.2001 with M/s Omaxe Housing and Developers Limited for the development and construction of residential approved colony/commercial complex over the land measuring 61 kanals 3 marlas. As per agreement for sale dated 26.2.2005, the sale-deed was to be executed within four months after launching of the colony. The Government of Haryana granted licence to the defendants for setting up a residential colony. The plaintiff was ready and willing to perform his part of the contract. But to the shock and surprise of the plaintiff, the defendants alleged that the said agreement stood extinguished. The defendants with a mala-fide intention served letter dated 3.3.2006 to the effect that the agreement dated 26.2.2006 was terminated.
(3.) Respondent-defendants resisted the suit by filing their written statement, alleging that the suit of the plaintiff was not maintainable. The plaintiff had no cause of action to file the present suit. The plotted area was to be sold by the plaintiff to the defendants only after getting an approved piece of land measuring 2500 sq. yards from the Government of Haryana through its builders M/s Omaxe Housing and Developers Limited. As the requisite licence was not granted, the claim of the plaintiff has become infructuous. The period of four months was to be computed from the date of the agreement and not from the date when the colony was launched after getting requisite permission/licence from the Government of Haryana. The termination of the agreement is absolutely legal; therefore, the defendants have sought for dismissal of the suit.;