Pending the suit for specific performance, the defendant has taken out this application for rejection of the plaint.

2. The affidavit in support of the application and the counter affidavit are perused. The Court heard the learned senior counsels on either side.

3. Before going into the question whether the plaint is liable to be rejected on the grounds urged by the applicant/defendant, it would be fit and proper to narrate the circumstances which led the plaintiff to file the instant suit for specific performance, as follows:

The defendant in the suit, is the owner of 21.71 acres of land with garden, thope, factory and sheds situated at Velachery Road, Madras. In the year 1995, both the parties entered into an agreement, an oral one. As per the agreement, the plaintiff should become entitled to 68% of the land for a consideration of the value of the construction to be put up in the remaining 32% of the land retained by the defendant. Though it was agreed orally and a draft agreement was prepared, the written agreement could not be entered into between the parties, since it fell within the mischief of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. It was also ag