Manmohan Singh, J. (Oral):

1. By this order I propose to decide I.A. No. 14783/2013 filed by the defendant under Order 7 Rule 11 read with Section 151 CPC for seeking rejection of the plaint and I.A. No. 10557/2012 filed by the plaintiff under Order 39 Rules 1 & 2 CPC.

2. Plaintiff had filed a suit for declaration and injunction against the defendant seeking a decree of declaration that demand letter dated 15th May, 2012 is illegal, unjust and improper and a decree of permanent injunction, restraining the defendant from preventing the plaintiff and his family members from using and enjoying the suit property bearing flat No. T-1, 3rd Floor, Aditya Mega Citi, Vaibhan Khand, Indrapuram.

3. Brief facts of the case are that the plaintiff booked a flat by making an initial deposit/payment of booking amount of Rs. 2,10,000/- with the defendant and he was allotted the suit property that was to be delivered within 12 months on the basis of a Builder Buyer Agreement/Allotment Agreement dated 30th March, 2007 (hereinafter referred to as the “agreement”).

4. Vide letter dated 6th April, 2007, the defendant communicated the schedule of payment to the plaintiff wherein it was state