IMPORTANT POINT
The main legal point established is the admissibility of unstamped documents and the entitlement to decree and specific performance under the Transfer of Property Act, Indian Stamp Act, and Registration Act.

JUDGMENT :

Krishna Rao, J.

1. The defendant has filed the present application being G.A No. 8 of 2024 for rejection of the plaint or in the alternative to dismiss the suit.

2. The plaintiffs have filed the suit praying for following reliefs:

“a) A decree in the sum of Rs. 11,58,74,242/-(Rupees Eleven Crores Fifty Eight Lakhs Seventy Four Thousand Two Hundred and Forty Two) along with interest at the rate of 15 % (Fifteen percent) per annum from the date of institution of the suit against the Defendant, as more fully pleaded in paragraph 20 above;

b) Decree for interest upon judgment at the rate of 15 % (Fifteen percent) per annum against the Defendant, as morefully pleaded in paragraph 21 above from 1st June 2018 onwards;

c) Pendente lite interest and interest upon judgment;

d) Perpetual injunction restraining the Defendant and its men, servants or agents to construct or undertake any development on the said land being the demarcated and earmarked portion of 194 Cottahs of land out of the larger premises no. 493/C/A Grand Trunk Road (S), Howrah – 711102 without first making payments of the dues of the plaintiffs.”

3. The defendant is contesting the suit by filing written statement along with counter claim praying for following reliefs:

“(a) A decree of specific performance directing the plaintiff Nos. 2 & 3 to act in terms of the MOU dated 27th August, 2015;

(b) In the event specific performance cannot be granted then, a decree for damage to the tune of Rs. 130 crore as more fully pleaded in paragraph 9(e) of the Written Statement;

(c) In the alternative enquiry into damage and decree for such sum which may be found due and payable upon enquiry;

(d) Decree for interest upon judgment @18% per annum as pleaded in paragraph 9(g):”

4. By an order dated 22nd December, 2022 following issues are framed:

1. Whether the plaintiffs are entitled to a decree for Rs.11,58,74,242/-along with interest @ 15% per annum from the date of institution of the suit?

2. Whether plaintiffs are entitled for interest upon judgment @ 15% per annum against the defendant from 1st June, 2018 onwards?

3. Whether the plaintiffs are entitled to pendente lite as prayed for?

4. Whether the plaintiffs are entitled to an order of perpetual injunction restraining the defendant and its men, servants or agents to construct or undertake any development on the demarcated and earmarked portion of 194 Cottah of land out of the larger premises no. 493/C/A, Grand Trunk Road(s), Howrah 711102?

5. Whether the defendant failed to perform their obligations under the agreement dated August 27, 2015?

6. Whether the Agreement recorded in form of Minutes in a Meeting held on May 9, 2017 is binding upon the parties to the suit?

7. Whether the defendants have committed breach of their obligations under the Agreement dated May 09, 2017?

8. Whether the defendant has suffered any loss or damage on account of loss of profit, business opportunity and goodwill due to delay committed by the plaintiff?

9. Whether the defendant is entitled to a decree for damages against the plaintiff to the tune of Rs.130 crores along with interest upon decree @ 18% per annum?

10. Whether the defendant is entitled to a decree of specific performance against the plaintiff no.2 and 3 to act in terms of the Agreement dated August 27, 2015?

5. This Court had fixed the matter for witness action of the plaintiff but the Learned Counsel for the plaintiff informed this Court that the plaintiff will not adduce any witness and will argue the matter on merit on the basis of the documents relied upon by the parties. The Counsel for the plaintiff has concluded his argument. The Counsel for the defendant has also argued the matter on merit. During the argument, the defendant has raised the point of admissibility of the document i.e. the agreement dated 27th August, 2015, on the basis of which the plaintiff has filed the suit as the said agreement is not properly stamped.

6. By an oder dated 29th March, 2023, this Court has