7. A conjoint reading of all the paragraphs of the averments in the plaint,
it is apparent that the present suit has been filed by the plaintiff against the
defendants for specific performance of contract and for permanent
injunction based on an agreement entered into between him and defendant
No.1 dated 04.01.2005 whereby the defendant No.1 had agreed to sell the
CS(OS) 2309/2013 Page 8
suit property to the plaintiff for a consideration of sum of Rs. 2,58,00,000/-.
The plaintiff has further averred that he was informed by defendant No.1
that he had entered into developers agreement with defendant No.2 for
developing the suit property and thereafter when defendant No.2 raised a
demand of `60 lakhs, he paid the said sum, one of Rs. 25,00,000/- vide
cheque dated 02.03.2007 and Rs.35,00,000/- vide demand draft dated
22.03.2007 for which two separate receipts were issued by defendant No.2.
It is, therefore, apparent that defendant No.2 is no stranger to the agreement
and pursuant to the agreement dated 04.01.2005, he had raised the demands
and also issued the receipts for payments received towards the construction
cost of Unit No.D-7, Tower B in the project, Municipal Number-6,
Aurobindo Marg, New Delhi. The argument of defendant No.2 that there
exists no cause of action against him, therefore, fails.
Source: Indian Kanoon