AIR 2014 CALCUTTA 92 ::2014 (2) AIR Kant HCR 546 ::2014 (2) AKR 546 ::(2014) 3 RecCivR 286 ::(2014) 2 LandLR 451 ::(2014) 1 CalLT 663 ::(2014) 2 ICC 1 ::2014 (2) KLT SN 71 (CAL) ::(2014) 4 KCCR 317 ::(2014) 138 AllIndCas 26 (CAL)

Calcutta High Court

Hon'ble Judge(s): Ashim Kumar Banerjee, Sanjib Banerjee, Arijit Banerjee , JJJ

(A) Specific Relief Act (47 of 1963) , S.14(3)(c)— Development agreement - Suit @Page-Cal93by developer for specific performance - Is maintainable and not barred by S. 14(3)(c) of Act.AIR 2006 Cal 209, Overruled. Per Court - The development agreement is also an agreement for sale subject to certain conditions. In short, it is an agreement for conditional sale. A suit at the instance of a developer (where the developer is the non-owner party to a development agreement) is not prohibited by Section 14(3)(c) of the Specific Relief Act. AIR 2006 Cal 209, Overruled.(Para 7 56 73) Per Sanjib Banerjee, J. - A development agreement which envisages the party thereto other than the owner being responsible for ensuring the construction of a building on the subject land and having a share therein, there is an inescapable contract to transfer immovable property. In form, a development agreement which envisages the developer to have a share in the building proposed to be constructed in terms of the agreement, the agreement may appear to be somewhat not resembling an agreement for transfer of an immovable property, and, indeed, it is not an agreement simpliciter for sale of an immovable property. Such a development agreement is regarded as an agreement to t....