Development Agreement Suit

When a simple construction contact is established, the contractor is not interested in either the land or the construction carried out. However, in various other categories of development agreements, the developer may have acquired a valuable right, either to the property or to the built-up area. The terms of the agreement are decisive in determining whether there has been an interest in the land or in the rights to the land in favour of the developer and, if so, in the nature and extent of the rights. (para. 16) In this case, the complainant, who is an entrepreneur, succumbed to a complaint for specific performance of the development contract against the respondents who owned the premises. . The main action lies in the nature of the actual performance of a development contract, the remedy was regarded as recourse to the declaration of the applicants` ownership and the obligation. .

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