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ii)                  Accordingly, the developers/builders got the building plans sanctioned and invited intending purchasers to enter into agreement for sale of flats. The opposite party no.1, also, represented that there would be provision for sale of covered and open car parking space together with sale of open space on the northern side of the ground floor adjacent to certain flats as well as roofs above of certain flats ;
 
iii)                 The complainant, accordingly, entered into two agreements for sale - one, for sale of land on February 04, 1998, and another, sale of unit construction dated February 24, 1998, respectively, inter-alia, agreeing to purchase the ground floor, GF-10, together with one covered car parking space as also exclusive right to use and occupy the open space, measuring 1000 sft on the northern side adjacent to the said flat, to the exclusion of all other owners and occupiers;
 
iv)                After execution of the said two agreements for sale, the developers/builders handed over possession of the said flat including the covered car parking space and the open space exclusively, as fully described in the Schedule, to the complainant in part performance of the said agreement;
 
v)                  In terms of the aforesaid two agreements for sale, the developers/builders undertook to have sold, conveyed and transferred an undivided, impartible and indivisible share in the land together with the exclusive right to enjoy the adjacent land ad-measuring an area of 1000 sft. The terms and conditions of the land sale agreement, inter-alia, incorporates the stipulation that the conveyance shall be completed and/or executed and registered within the 31st December, 1998;
ALL THAT the entire compact self-contained flat delineated with red borders in the map annexed hereto together with the covered car parking space no.11 on the basement floor of the building and also together the exclusive right of user to use and occupy to the exclusion of all other defendant nos/2 to 7 and occupiers in respect of the open space on the northern side adjacent to the said flat measuring 1000 sft...
 
In the complaint case, under the head SCHEDULE ABOVE REFERRED TO, it also, includes open space on the northern side adjacent to the said flat measuring 1000 square feet   From paragraphs 14, 15, 16, 17 and 18 of the plaint, filed by the complainant in the City Civil Court, it would, inter-alia, go to show that the deed of conveyance, hitherto already executed between the Chowdhuries and the opposite party no.1 and the owners would deprive him of his right, title and interest in the suit property including the said 1000 sft of vacant lawn/ land. As such, obtained ex-parte order of ad-interim injunction, though, lapsed due to effluxion of time.
 

b) the present dispute relates to the execution and registration of a Kobala deed by the opposite party no.1 and the owners in which matter the other flat-owners have got nothing to do; as such, they are not necessary parties;

 

c) The owners have not disclosed as to how and in what manner they are necessary parties or that any decree or direction cannot be passed in their absence; and  

d) The owners have with mala-fide intent refused to transfer the right of exclusive user in respect of the open space and are wrongly claiming that all other flat-owners have right, title and interest over the said open space.