9911796707
TMI Blog2000 (2) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... f was interested in purchasing land in Maharashtra for the setting up of a fresh industrial unit in that State. The Defendants represented to the plaintiffs that they were holding land measuring fifty two (52) acres situated in Village Isambe, Taluka Khalapur, District Raigard, Maharashtra. The Defendants also owned a stone crusher and a 75 KVA generator on the land. A Memorandum of Understanding (MOU) for the purchase of the land and the stone crusher and electrical and mechanical fixtures was entered into between the parties for a total consideration of Rs.1.77 crores. This MOU was executed at Delhi. It was agreed that the entire transaction would be completed by 31.10.1998 and that although four different documents were drawn up, these w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or under Order xxxvIII CPC. These points were also argued before me. 2. As indicated above three questions arise for determination at this stage, namely: (i) Whether the suit is liable to be rejected on the ground of multifariousness; (ii) Whether this Court has no territorial jurisdiction to entertain the suit ; and (iii) whether the reliefs claimed for in the application ought to be granted. 3. Mention has already been made above, that although three different Agreements to Sell were undoubtedly executed between the parties, all these Agreements as also the MOU dated 25.4.1998 contain a covenant which specifically enjoins their simultaneous performance. Clauses 19 23 of the MOU reads as under: 19. That the sellers have agreed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MOU, the Agreements to Sell had been executed in Delhi and the factum of money having been paid in Delhi. He buttresses in this argument by relying on the plaintiff's claim for interim relief vis-a-vis the immovable property situate in Maharashtra. On the strength of a decision in Smt. Gouri Gupta Chaudhary Vs . Tarani Gupta Chaudhury, AIR1968Cal305 he had predicated the argument that since a charge was prayed for, only the Courts in Maharashtra would have jurisdiction. He relied on para 27 of that judgment which is reproduced hereinbelow. There is another point which has yet to be decided. Mr. Gupta points out that in the plaint filed herein the plaintiff has claimed a charge on the defendant's house at Dum Dum as also on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi. 8. In the application the plaintiff has prayed for the following relief: The plaintiff prays that the Hon'ble Court may be pleased to pass an ex parte ad interim injunction in favor of the plaintiff and against the defendants thereby restraining the defendants from alienating, transferring or parting with possession of land admeasuring 52 acres approximately in village Isambe, Taluka Khalapur, District Raigard, Maharashtra as detailed in Annexure-I including the stone crusher, electrical and mechanical fixtures and fittings and a 75 KVA generator till the disposal of this suit. Or in the alternative this Hon'ble Court may be pleased to pass an ex parte order of attachment attaching the said property land admeasurin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of the liability presently exists. In fact, the liability can only be taken to come into effect if and when a decree in respect of damages has been passed. Secondly it is hotly in contest whether it is plaintiff or the Defendant who has committed a breach of the Agreement to Sell. These documents witness that if the plaintiff has breached the terms of the Agreement, the earnest money and advance paid by the Purchaser (plaintiff) to the Seller (Defendant) shall stand forfeited and the Seller shall be free to sell the land . Therefore, even in respect of the sums of money paid by the plaintiff to the Defendants pursuant of these Agreements and to the MOU, contentious issues undoubtedly arise. This is not a fit case for proceeding eith ..... X X X X Extracts X X X X X X X X Extracts X X X X
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