3 The Applicants have also filed a specific performance suit in respect of a portion of property situated within the suit property, claiming rights under an agreement dated 9 February 1978 and agreement for sale dated 24 June 1982. It is the Applicants’ case in that suit that one M/s.Star Construction, who is Defendant No.1 in the suit filed by the Applicants against the parties herein, namely, Suit No.573/2012, along with the Chief Promoter of Defendant No.1 society herein, executed an agreement dated 9 February 1978. By this agreement of 9 February 1978, the said Star Construction had agreed to complete the redevelopment of the larger property owned by Defendant No.1 inter alia by constructing a rehab building for the original tenants / occupants, being members of Defendant No.1 and a free sale building. By the agreement of 27 October 2003, it was inter alia agreed between M/s.Star Construction, the Plaintiff herein and Defendant No.1 that in pursuance of the agreement of 9 February 1978, M/s.Star Construction had constructed “free sale” building known as “Amol Apartments” and sold the same to the members of Applicant No.1 herein on what is known as ownership basis. The agreement further acknowledged that the purchasers of flats / premises in the sale building “Amol Apartments” have constituted and registered themselves into Applicant No.1 society. The agreement acknowledged the liability of the transferee, namely, the Plaintiff herein, to cause the owners to convey a leasehold or any other title in respect of the land underneath the building Amol Apartments to Applicant No.1.
