JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Civil Suit has been filed under Order 7, Rule 1 of C.P.C. read with Order IV, Rule 1 of the Original Side Rules and Section 2(1)(c) (xi) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act No. 4 of 2015), praying to:

(a) Pass a Judgment and Decree against the defendants jointly and severally to specifically perform their part of the agreement under the Joint Development Agreement dated 10.08.2009, the Supplemental Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 and the Supplementary Cum Space Sharing Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 in favour of the plaintiff in respect of the suit “B” and “D” schedule property.

(b) Pass a Judgment and Decree of Permanent Injunction restraining the defendants from in anywise alienating or otherwise dealing with the suit schedule A property or acting in a manner detrimental to the rights and interests of the plaintiff in applying for Planning Permission and Approval to construct vide PPA MSB/2013/00034 dated 01.04.2013 from the CMDA and against the terms of the Joint Development Agreement dated 10.08.2009; the Supplemental Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 and the Supplementary Cum Space Sharing Agreement dated 12.12.2012 to the Joint Development Agreement dated 10.08.2009 in favour of the plaintiff in respect of the entirety of the suit A schedule property.

(c) For costs of the suit.

1. The suit for specific performance filed by the promoter against the land owners on the premise that Joint Development Agreement dated 10.08.2009 and Supplementary Agreement dated 12.12.2012 entered with the owners of the land on specific terms and condition to be complied by the defendants.

2. The case of the plaintiff in the nutshell:

The plaintiff is engaged in the business of Real Estate promotion on his own or through Joint Development Agreement.

3. Mr. V.R. Viswanathan, (the deceased father of defendants 1 and 2) was the owner of the ‘A’ schedule property, which is land measuring about 32,727 sq. ft. with building in 4200 sq. ft. approximately. On 10.08.2009, the plaintiff negotiated with Mr. V.R. Viswanathan and entered into a Joint Venture Agreement to promote the said property. The plaintiff as Developer and Mr. V.R. Viswanathan, his wife Rajeswari, his son Venkatesh (first defendant) and daughter Uma Ramesh (second defendant) as owners, were all signatories to the agreement. As per the terms of Joint Venture Agreement dated 10.08.2009, the rear portion of the ‘A’ schedule property more particularly described in Schedule ‘B’ of the plaint to be developed as Residential Complex covering a super built up area of 52,000 sq. ft. The owners shall retain themselves 56% undivided share in the ‘B’ schedule land and 56% of the superstructure to be built upon the said area together with 56% of the total car parking space. The land to be retained by the owners more fully described in ‘C’ schedule of the plaint. The remaining 44% of the undivided share in the land of ‘B’ schedule and 44% of the super built up in the residential complex together with 44% of the total car parking space to be conveyed to the plaintiff or his nominee being the developer as quid pro qua for the 56% of the superstructure. The share to be conveyed to the developer is more fully described in Schedule-D.

4. In short, as per the terms of the Agreement, the rear portion of the ‘A’ schedule property described as ‘B’ schedule property to be promoted by the plaintiff as residential complex over which 56% of the share will be retained by the land owners and 44% will be conveyed to the developer.

5. The important terms in the said agreement are:

(i) Clause 3 of the Joint Venture Agreement, which prescribes 24 months for completion of the proposed construction from the date of getting sanction from CMDA and construction permit from the local pa