PREM RAJ Vs. D L F HOUSING AND CONSTRUCTION PRIVATE LIMITED

JUDGEMENT

(1.) The sole question involved in this appeal is whether a plaintiff suing for a declaration that a certain contract against him is void and inoperative having been obtained by undue influence, can in the same suit in the alternative ask for the relief of specific performance of the same contract.

(2.) On October 26, 1956 Pt. Prem Raj, the appellant, entered into an agreement with Shri Moti Ram Bhalla, respondent No.2 for the purchase of lands from Shri Lila Ram father of the appellant at the price of Rs. 1,025 per bigha on the terms and conditions mentioned therein. On December 18, 1956, the appellant and respondent No. 2 entered into a partnership to carry on the business of buying and selling lands and developing the same under the name and style of "L. M. G. Colonisers and Traders". Subsequently, on January 2, 1957 the said firm "L. M. G. Colonisers and Traders" entered into a deed of partnership with D.L.F. Housing and Construction (P) Ltd., respondent No. I herein to carry on the business of purchasing and developing the lands into a residential colony and to sell the same in plots either by auction or by tenders or in any other manner as the company, respondent No. I may find expedient after getting the scheme for development approved by the competent authority. On the same day i.e.. January 2, 1957 the newly formed partnership between the respondent No. 1 and L. M. G. Colonisers and Traders entered into an agreement for the purchase of the same land with Pt. Lila Ram on the terms and conditions set out therein. On June 11,1958 the parties cancelled the new partnership and agreement dated January 2, 1957 and entered into a fresh arrangement and executed the following four documents:

(3.) This appeal is brought by special leave from the order of the Punjab High Court dated February 14,1964 in Civil Revision Application No. 228-D of 1962.