JUDGMENT

S C Gupte, J. - The Plaintiff has filed the present suit for a money decree in the sum of Rs.1.15 crores together with pendente lite and post decree interest at the rate of 18% per annum. This amount (together with Rs.10 lakhs allegedly paid by the Defendants to the Plaintiff) is said to represent the Plaintiff's 22.5% undivided share, right, title and interest in the suit property. This share, right, title and interest was surrendered by the Plaintiff to the Defendants under a memorandum of understanding (MOU dated 22 September 2001). It is the Plaintiff's case that though the MOU did not refer to any consideration to be paid by the Defendants to the Plaintiff, there was an oral agreement between the parties to pay a sum of Rs.2600/- per sq.ft. to the Plaintiff, aggregating to Rs.1.25 crores. The prayer for money decree is for recovery of this sum after adjusting Rs.10 lakhs allegedly paid by the Defendants. The Plaintiff has, in the alternative, prayed for a declaration that the MOU recording the Plaintiff's surrender of his right, title and interest in the suit property, an