J.L. KAPOOR Vs. GIRISH CHOPRA

JUDGEMENT

(1.) LEARNED Counsel for the parties submit that an appropriate decree may be made having regard to the changed circumstances. The plaintiff contends that he entered into an agreement to purchase the suit property, i.e. first floor of B -4/42, Safdarjung Enclave, New Delhi by an agreement dated 05.06.2000. The total consideration payable was Rs. 40,00,000/ -. Pertinently, Clause -2 stipulated that a substantial amount of Rs. 38,00,000/ - would be paid by the plaintiff to the first Defendant on or before 31st December at the time of execution/registration of the sale deed and other relevant documents. The first Defendant had concededly built on the property and for that purpose, entered into a Memorandum of Understanding/Collaboration Agreement with the second Defendant, who admittedly was the owner of the property.

(2.) IT is not in dispute that on 12.02.2001, possession of the suit property was handed -over to the plaintiff. On that date, it was recorded as follows:

(3.) THE Defendants do not dispute the above developments. It is submitted, however, that the plaintiff has, besides a decree for specific performance, also claimed other reliefs, such as damages and injunction and that the Court should clarify that decree on this premise would not be feasible if the suit is to be disposed of by appropriate directions. They also contend that the question of conversion into leasehold is pending consideration since the relevant statutory authority, i.e. the Delhi Development Authority (DDA) has claimed misuse charges in respect of the suit property to the extent of Rs. 1.37 crores. Apparently, the second Defendant owner has impugned that demand by a Writ Petition 20552/2005. It is additionally submitted that the second Defendant that the claim for restitution would survive whether or not the suit is decreed either in part or wholly.