JATINDER NATH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Father of the petitioner was allotted Plot No. 48, Masjid Moth Extension Residential Scheme, now known was Udai Pak, New Delhi-49 in an open auction conducted by the Delhi Development Authority. A Lease Deed was executed in his favour by the President of India on 24/7/1973. After the demise of the father of the petitioner the property devolved upon his two sons namely, Jatinder Nath, the present petitioner and his brother Narender Nath. Both the brothers applied for mutation with the DDA. Property was mutated in the name of the petitioner and his brother Narender Nath vide letter of respondent dated 22/7/1993.

(2.) It is the case of the petitioner which is not disputed by the respondent, that petitioner cleared entire amount and nothing is due from him. On account of oral settlement and out of love and affection both the brothers settled the matter with regard to their property and Narender Nath executed a Relinquishment Deed dated 21/12/1998 duly registered in the Office of the Sub-Registrar relinquishing his share in the property in question in favour of his brother Jatinder Nath, who is petitioner before this Court. On the basis of the said Relinquishment Deed the petitioner applied for deletion of the name of his brother Narender Nath from the records of the respondent.

(3.) Respondent refused to transfer/mutate/delete the name of Narender Nath and strangely by the impugned order demanded from the petitioner mat until and unless a Gift Deed duly registered with the Office of the Sub-Registrar is given to the respondent the name of Narender Nath can not be deleted as co-owner of the property in question.