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1997 Supreme(Bom) 74

S.S.NIJJAR
Gurudev Developers – Appellant
Versus
Kurla Konkan Niwas Co-op. Housing Society – Respondent


JUDGMENT - NIJJAR S.S., J.:The plaintiffs and the defendants entered into an agreement on 18th January, 1985, Exhibit-B to the plaint. In the second recital of the aforesaid agreement the defendants allowed the plaintiffs to develop the property described in the schedule thereunder. The plaintiffs were to construct building or buildings thereon on the terms and conditions recorded in the said agreement. In order to facilitate the development of the said land the defendants (hereinafter called "the Society") decided to appoint one Ganeshbhai B. Mali and Dharmasi R. Patel as the Constituted Attorneys of the society to act jointly and severally for and on behalf of the society to do the acts and necessary actions as provided in the agreement. The said Constituted Attorneys are none other than the plaintiffs. They were permitted on behalf of the society to take all necessary permissions for the purpose of development. By Clause 2 it was provided that in order to carry out the scheme envisaged under the agreement and in order to enable the plaintiffs to put up the construction the society puts the plaintiffs into possession of the suit plot. It is also recorded that the society has hand







































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