Vishnudeo Narayan, J.

1. This appeal at the instance of the defendant-appellant stands directed against the impugned order dated 25.9.2003 passed in Title Suit No. 116 of 2001 by Shri R.K. Gupta, Sub-Judge III, Ranchi whereby and whereunder the petition under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the defendant for grant of temporary injunction was rejected.

2. The plaintiff-respondent (hereinafter referred to as plaintiffs) had filed Title Suit No. 116 of 2001 against the defendant-appellant (hereinafter referred to as defendant) for a declaration that the defendant has violated the terms and conditions of the agreement dated 11.2.1999 and thereupon for a further declaration that the cancellation/termination/discharge of the said agreement by the plaintiffs for breach of terms and conditions thereof on the part of the defendant was proper, legal and valid and binding upon the parties. A further declaration has been sought that consequent upon the discharge of the agreement, the defendant is only entitled to cost of the part construction done by him during the subsistence of the said agreement as per CPWD or PWD rates after deduction/adjustment of the amount owning from him to the plaintiffs.

3. The case of the plaintiffs, in brief, is that they are the owner of M.S. Plot No. 1101 of Ward No. 4 situate at Purulia road in the town of Ranchi and they being desirous of developing an area of 5 kattha and 7 chhatak equivalent to approximately 4000 sq. ft. (hereinafter referred to as the suit land) out of the said M.S. Plot No. 1101 by construction of a multi-storied commercial-cum- residential building complex thereon had obtained sanction for the same from R.R.D.A., Ranchi vide order date 14.2.1997 passed in B.C. Case No. 865 of 1996 and the defendant in pursuance of the agreement aforesaid started making construction over the same as a contractor as per the terms and conditions enumerated in the said agreement and he has to complete the construction within a period of 18 months. As per the terms of the agreement, the plaintiffs carried out all the obligations as per the said agreement but the defendant failed or neglected or defaulted to perform his part of obligations and committed various breaches of the said agreement, particularly of Clause VII (vi) and Clause (X) and Schedule-C of the said agreement and the plaintiffs vide notice dated 19.10.2000 called upon the defendant to pay the sum of Rs. 2,30,000/- as per Schedule-C and also to pay liquidated damages at the rate of Rs. 1,000/- per day from the day when the stipulated period of 18 months for completion of complex expired i.e. from 12.8.2000 in terms of the said agreement but of no avail and due to the breach of the terms and conditions, the agreement aforesaid stands discharged and thereafter the plaintiffs sent a notice dated 18.5.2001 to the defendant under registered post with acknowledge due on 21.5.2001 determining the agreement aforesaid.

4. The defendant filed his written statement. The case of the defendant, inter alia, is that the plaintiffs got the map sanctioned on 14.2.1997 in B.C. Case No. 865 of 1996 for the purpose of construction of a multi-storied commercial-cum- residential building complex on the suit land and the said sanction was valid for a period of three years only and its validity period expired on 13.2.2000 and no order of revalidating the said period was obtained by the plaintiff. It is alleged that initially the construction was started by the plaintiffs by awarding a contract to the defendant and construction was initially started by him as such, but subsequently the aforesaid arrangement between the plaintiffs and the defendants was converted into a development agreement dated 11.2.1999. It is alleged that it is not the defendant who has failed and neglected to carry out his liabilities, obligations and duties causing stoppage/cessation of work but it is the plaintiffs who have failed to