suit agreement is not an agreement for sale but is a pure and
simple agreement for development which is not specifically
enforceable. He pointed ... agreement. He relied upon various decisions
in support of his contention that an agreement which is a
simplicitor development agreement is not enforceable
from the agreement and terminates the development
agreement, it may be difficult to hold that the developer is not
entitled to enforce his rights. This ... agreement in each case. There cannot be a uniform
formula for determining whether an agreement granting
development rights can be specifically enforced and it would
development agreement created by D1
in favour of the plaintiff is cancelled as alleged by D1
in her written statement?
iii) Whether the development agreement ... suit for enforcement of the development
agreement under Ex.A3. The MOU/Ex.B.12 and the
development agreement
that the Agreement was adjudicated and stamped as a Development Agreement and the law is settled that Development Agreement cannot be specifically enforced. The respondent ... that the agreement relied upon was an agreement for sale and not an agreement for security and/or alternatively an agreement for development which could
report that the
developer had acquired a right to specifically enforce the development
agreement:
"12.4. The developer has acquired a right of specific performance ... suit filed
by a developer, in effect, to specifically enforce the development agreement was
not maintainable. In CO No. 1222 of 2013 the plaintiff-developer
nature of the agreement as to whether the same was simply a
development agreement or an agreement for sale. Therein the agreement
contemplated a payment ... held that such a development agreement cannot be
said to be an agreement to sell nor an agreement to lease. It has been held
that
Senior counsel appearing for the defendants repletely contends that the Development Agreement is not enforceable in law at the instance of the plaintiff / developer. Clause ... Development Agreement. As already pointed out Clause 18 of the Development Agreement provides right to either party to specifically enforce the agreement on a court
development agreement, of which the specific
performance cannot be claimed. The learned single Judge held that the
agreement was specifically enforceable. The Division Bench after ... construed as an agreement to sell or
a development agreement. It was held that prima facie such an agreement
is specifically enforceable.
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TLNJ 291 (CIVIL)] in support of his submission that development agreement cannot be specifically enforced and the same is extracted hereunder:
"14.Admittedly ... performance of agreement."
42.In my view, in view of the aforesaid judgments, the development agreement could not be specifically enforced. In any event
development agreement. The developer may in certain exceptional
circumstances, even acquire a right of specific performance.
Where a development agreement permitted the developer to retain ... allocation is not a mere agreement for development. Such a
development agreement would be specifically enforceable. In support of her
submission Ms. Sethna cited
