Plaintiffs are land developers. As per joint development agreement dated 24.09.2014 plaintiffs acquired rights to develop the suit lands from Defendants. In joint development agreement it was agreed that after development 60% of land would be claimed by the Defendants of their choice and 40% would be retained by plaintiff and defendant would exercise the option to claim land within 30 days of sanctioned plan.
After layout sanction plaintiff has repeatedly called defendants to exercise the option for retaining 60% of the developed plot. However, contention of defendant that, they have not executed the joint development agreement dated 24.09.2004. The inclusion of land in township project was by misleading the government.
The learned judge upon appreciating the pleadings and documents on record held that, the plaintiffs have prima facie shown their possession over the suit land. Court takes note that various sanctions, permissions by local authorities in project issued on the basis of said agreement. Defendant have invested huge amount in the project. Flats in project were sold to purchasers. Further, despite the knowledge of development agreement defendants never challenged it nor tried to protect their interest in suit land.
On these considerations, learned trial court restrained defendants from obstructing the plaintiff’s possession over the suit land.
Chandraprabha Babasaheb Tupe vs. City Corporate Ltd., Mumbai