AIR 2013 SUPREME COURT 2873 ::2013 AIR SCW 2560 ::2013 (3) ABR 1413 ::(2013) 1 CLR 1193 (SC) ::(2013) 3 CivLJ 734 ::2013 (12) SCC 776 ::(2013) 6 Scale 163 ::AIR 2013 SC (Civ) 1471 ::(2013) 3 AllMR 947 (SC) ::(2013) 4 Bom CR 123 ::(2013) 4 ICC 232 ::(2013) 116 Cut LT 457 ::(2013) 2 RentLR 275 ::(2013) 2 LandLR 221

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): R. M. Lodha, Anil R. Dave, Ranjan Gogoi , JJJ

(A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (45 of 1963) , S.4— Specific Relief Act (47 of 1963) , S.16— Suit for specific performance of agreement to sell - Plaintiff intending purchaser of flats - Relief of specific performance claimed on basis of conditional letter of intent issued by builder - Mere letter of intent does not give right to plaintiff to purchase flat - Moreso when letter of intent specifically provided that after full payment agreement of sale would be executed - In absence of registered agreement to sell suit filed by plaintiff is not maintainable - In absence of registered agreement subsequent purchaser of flat cannot be said to be purchaser with knowledge of earlier agreement - Plaintiff not entitled to relief of specific performance - Builder however directed to refund purchase price with interest. (Para 22 23 24 25) (B) Civil P.C. (5 of 1908) , O.6 R.1— Specific Relief Act (47 of 1963) , S.16— Pleadings - Suit for specific performance of agreement to sell - Averment that subsequent purchaser of flats were not bona fide purchaser absent in plaint - Contention to that effect cannot be raised by plaintiff. ....