JUDGMENT :

Kailash Prasad Deo, J.

(Through : Video Conferencing)

1. Heard, learned counsel for the appellant.

2. Plaintiff is the appellant before this Court being aggrieved of the order dated 08.01.2020 in Misc. (Civil) Application No.148 of 2019 passed by learned Civil Judge (Sr. Division) VII, Ranchi whereby the application filed by the plaintiff/appellant under order XXXIX Rules 1 & 2 read with Section 151 of the Code of Civil Procedure vide Original Suit No.557 of 2014 has been dismissed.

3. Being aggrieved of the said dismissal order the appellant preferred the present appeal.

4. Learned counsel for the appellant has submitted that appeal has been preferred with delay of 50 days and for condonation of the same, I.A. No.4621 of 2020 has been filed.

5. Learned counsel for the appellant has further submitted that learned court below has not considered the material which has been brought on record, as the suit has been filed by the plaintiff/appellant before the learned court below on 04.12.2014 against the defendant/respondent with following prayer: -

(a) A decree declaring that the cancellation of the development agreement dated 27.03.20111 by the defendants through their notice dated 15.09.2014 is void ab-initio, illegal and not binding on the plaintiff nor has it affected the rights of the plaintiff under the development agreement dated 27.03.2011.

(b) A decree be passed directing the defendants to allow the plaintiff to give effect to the terms of the development agreement dated 27.03.2011 and complete the project according to the terms of the development agreement.

(c) In alternative, a decree for Rs.1.50 crores be passed against the defendants jointly and severally for the loss that the plaintiff shall suffer on account of the illegal cancellation of the development agreement by the defendants.

(d) Costs.

(e) Any other reliefs.

6. Learned counsel for the appellant has further submitted that after several rounds of meetings and negotiations, the plaintiff and defendants have agreed to reduce the terms and conditions of developing the Schedule-E land into writing and thus a development agreement dated 27.03.2011 was executed between the defendants for the first part and the plaintiff of the second part.

7. Defendant nos.1 and 2 are the absolute owner of the area-26.5 decimal of land situated at Village-Getlatu (R.S. Khata No.03, Plot No.201, Sub-Plot No.201/A,, Area-10.5 decimals, Sub-Plot No.201/B, Area-10.5 decimals & Sub-Plot No.201/C-1, Area 05.5 decimals, Thana No.166, P.S.-Ranchi, District-Ranchi morefully described in Schedule-A appended below.

8. The defendant nos.1 and 2 acquired the aforesaid land by virtue of a registered sale deed No.7796 dated 08.10.1996 registered in the office of District Sub-Registrar, Ranchi. After purchasing the land, the defendant nos. 1 and 2 got their names mutated in the Circle Office, vide Mutation Case No.393 R 27/96-97 and accordingly paid rent to the Government.

The defendant no.3 is the absolute owner of 25 decimals of land at Village Getlatu situated within R.S. Khata No.82, Plot No.188 (Part) (area 12 decimals), Plot No.199 (area 12.5 decimals) and Plot No.200 (area 0.5 decimals), Thana No.166, District Ranchi more fully described in Schedule- B appended below.

The defendant no.3 acquired the same land by virtue of the registered sale deed no.7526 dated 27.09.1996 registered at the office of District Sub Registrar, Ranchi. The defendant no.3 also got her name mutated in the Circle Office vide Mutation Case No.392 R 27/1996-97 and thereafter paid rent to the State Government.

The defendant nos.4 and 5 absolute owners of 26.5 decimals of land situated at Village Getlatu within R.S. Khata No.3, Plot No.201, Sub Plot No.201/C-II, 201/D and 201/E, Thana No.166, District Ranchi more fully described in Schedule-C appended below. The defendant Nos.4-5 purchased the aforesaid land by virtue of registered sale deed no.7789 dated 08.10.1996 and got their names mutated in the revenue records vide Mutatio