Unilateral modification of a contract terms is impermissible when both parties have adhered to initial agreed terms.

1. The plaintiff has sued upon an agreement of flat purchase. The plaintiff has paid certain installments for the flat. The defendant Nos. 1 to 4 are stated to have unilaterally increased the price of the suit flat, which the plaintiff has not accepted. The plaintiff claims specific performance of the initial agreement between the parties which is acted upon by both the parties. The defendant Nos.1 to 4 have allotted the suit flat to defendant Nos. 5 and 6 upon yet higher amount of the total consideration, but upon payment of a very paltry amount by defendant Nos. 5 and 6. The plaintiff claims the act of the defendant Nos. 1 to 4 to be fraudulent and has sued for specific performance of the contract and applied for the relief of the appointment of Court Receiver and the usual injunctions in the notice of motion.

2. The plaintiff has filled up a booking form on 27th April, 2009, Exhibit - C to the plaint, for purchase of the suit flat No. 504 in B - wing of the suit building directly with the defendant and showing that he would take a bank loan.

3. The agreement between the plaintiff and defendant Nos. 1 to 4 is admittedly dated 23rd June, 2009, Exhibit - G to the plaint.

4. There is a pre - printed chart of the defendants setting out the rate, number of the flat, the type of the flat, the total price, various installments at various specified times and the other expenses towards contribution of the society, share money, other charges, charges for registration, stamp duty and parking charges etc., and setting out the terms and conditions which is called the payment chart, Exhibit - B to the plaint. The printed chart also sets out other terms and conditions with which we are not concerned.

5. The plaintiff has made the initial payment of Rs. 51000/- at the time of booking. Thereafter the plaintiff has made two other payments by 4 cheques. The initial payment is made on 15th June, 2009, by 2 cheques of Rs. 5,11,458/- and Rs. 5 lakhs aggregating to Rs. 10,11,458/-. The plaintiff has made further payment after the execution of the agreement between the plaintiff and defendant Nos. 1 to 4 on 23rd June, 2009 also. These are by 2 further cheques of Rs. 5,31,229/- each aggregating to Rs. 10,62,458/- made on 26th June, 2010. These are as set out in the payment chart, Exhibit - B to the plaint.

6. These payments would show that the written agreement between the plaintiff and defendant Nos. 1 to 4 showing the flat allotted to the plaintiff on 23rd June, 2009 is in terms of and in consonance with the various written terms stating out the payment schedule. The parties would, therefore, be bound by the written contract dated 23rd June, 2009, Exhibit - G to the plaint read with the payment schedule showing the terms and conditions, Exhibit - B to the plaint.

7. The issue of the cheques by the plaintiff would show the acceptance of those terms by the plaintiff. The acceptance of the cheques of the plaintiff by defendant Nos. 1 to 4 would show the acceptance of the terms by defendant Nos. 1 to 4 under the agreements / contract between the plaintiff and defendant Nos. 1 to 4 dated 23rd June, 2009.

8. The defendants claim that the initial contract of defendant Nos. 1 to 4 with the plaintiff was dated 23rd June, 2009 had nothing to do with the printed terms and conditions as shown in the payment schedule of the defendant Nos. 1 to 4.

9. It would have to be seen how the parties have acted upon the terms and conditions and it is easy to see so by the issue and acceptance of the aforesaid cheques as also by the defendants' own admission, which shall be considered presently.

10. Under the payment chart of the plai