V.K. Jain, J. (Oral)

IA 10720/2011 (filed by defendant No. 3 & 5 under Section 14(1)(c) of Specific Relief Act read with Section 151 of CPC

1. Clause 20 of the first agreement and clause 17 of the second agreement both dated 16.09.2009 which are the subject matter of this suit, read as under:-

"If this Agreement is not implemented within twelve calendar months from the date hereof this Agreement shall stand terminated and extinguished automatically without any further act of parties and the Vendors shall be at liberty to sell the said property to any other person after refund of earnest money, as also other lawful charges hereinabove mentioned if paid by the Vendee on behalf of the Vendor'; the intention of the parties is that they shall all be restored to the same position as at the date hereof and as if this Agreement had not been executed."

2. Relying upon the provisions contained in Section 14(1)(c) of Specific Relief Act, defendants No. 3 and 5 have contained that since the agreements are determinable in nature, the suit is hit by the aforesaid provision and the agreements in question cannot be enforced. In support of their contention, the applicants have relied upon the decision