SONU BABU BHAMBID & ORS. versus DREAM DEVELOPERS & ORS.

SONU BABU BHAMBID & ORS. versus DREAM DEVELOPERS & ORS.

Eligibility certificate is a prerequisite for enforcement of the agreement under which appellants sought rehabilitation; in its absence, the agreement terminated and no enforceable right to interim injunction existed. Additional evidence not raised before the lower courts cannot be admitted at this stage without proper procedure.

Parties
Appellant: Sonu Babu Bhambid & Ors.; Respondent: Dream Developers & Ors.
Jurisdiction
India
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Appellate Order Dismissing Appeal From City Civil Court's Refusal of Interim Injunction
Outcome
Appeal dismissed with costs.
Legal Topics
Interim Injunction, Slum Rehabilitation, Eligibility Certificate, Production of Additional Evidence
Civil Procedure Urban Development Property Law Interim Injunction Slum Rehabilitation Eligibility Certificate Production of Additional Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sonu Babu Bhambid & Ors.

Appellant

Dream Developers & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Appellate Order Dismissing Appeal From City Civil Court's Refusal of Interim Injunction

Legal Issues

  1. 1 Whether interim injunction should be granted restraining construction on CTS No.82 where appellants failed to obtain eligibility certificate and the area was not declared a slum area
  2. 2 Whether appellants could enforce the agreement without eligibility certificate
  3. 3 Whether production of additional document (letter dated 8.05.2009) was permissible at Supreme Court stage

Ratio Decidendi

Eligibility certificate is a prerequisite for enforcement of the agreement under which appellants sought rehabilitation; in its absence, the agreement terminated and no enforceable right to interim injunction existed. Additional evidence not raised before the lower courts cannot be admitted at this stage without proper procedure.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs assessed at Rs. 10,000/- to the respondents.