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Manohar Bhimraoji Mahalle & Othr vs State Of Maharashtra Thr. P.S.O. City ... on 6 March, 2020 cites

C. Cheriathan vs P. Narayanan Embranthiri on 18 December, 2008

Intention of the parties must be gathered from the document itself but circumstances attending there to would also be relevant as held in C. Cheriathan Vs. P. Narayan Embranthiri reported in AIR 2009 SC 1502. It is also very important to note the manner in which parties have construed the various terms and conditions of the agreement. We have already discussed certain aspects in this behalf earlier. Clause No.8 of ::: Uploaded on - 06/03/2020 ::: Downloaded on - 07/03/2020 08:07:03 ::: Judgment 14 Appeal720.2018.odt the said agreement of sale although initially mentions that the "Builders/Developers" should carry on the transaction of sale of plots only after completion of the sale of the said land, however, further gives specific power to the "Builder/Developer" i.e said Financial Establishment to sell the plots on the basis of the said agreement of receipt of earnest amount and that the appellants are consenting for the same. The said "Financial Establishment" acted on the said right given to them to sell plots and accepted huge consideration from about 514 flat purchasers. Thus, it is clear that various flats purchasers have invested huge amount in the flats to be constructed or being constructed on the said plots. Therefore, the contention raised by the appellant in their objection dated 02.05.2018 as well as in this appeal that they have never authorized said Rana Landmark Pvt. Ltd., to accept the booking in respect of the flats-apartment of the proposed township and only consent for non agricultural conversion was given by the appellant is found to be totally incorrect.
Supreme Court of India Cites 13 - Cited by 23 - S B Sinha - Full Document
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