“Yeshomati”, which was undertaken by Defendant No.1, did not initially envisage any shopping line, but that it was later proposed that two shopping units would be constructed on the ground floor; that the Plaintiff's son requested for blocking of the entire ground floor, which he proposed to use as a shop, against an advance of Rs.25 lacs and that at the request of the Plaintiff's son, allotment of the entire ground floor was confirmed in the name of the Plaintiff, as his nominee, by means of the allotment letter of 18 July 2008; that the initial payment of Rs.25 lacs was made on behalf of the Plaintiff by his son and that there were subsequent installments paid by the Plaintiff's wife, Manoben Chheda ; that in or about October 2012, the Plaintiff's son created some unpleasant situation for his partners and ultimately decided to sever all relations with the partnership firm and as part of his decision requested for cancellation of the booking of the suit shop and refund of monies paid towards the same; that accordingly, the monies were refunded by Defendant No.1 to the Plaintiff's wife and son; and that in view of such cancellation, Defendant No.1 entered into a registered agreement in respect of a part of the suit shop, namely, shop No.1 on the ground floor, in favour of Defendant No.2 and a part of the suit shop, namely, shop No.2, in favour of Defendant No.3. It is pertinent to note that the execution of the letter of intent on 18 July 2008 or its nature as an agreement for sale is not disputed by Defendant No.1.
