SUBHASH SETH Vs. NEW DELHI HOTELS LIMITED

JUDGEMENT

(1.) Present appeal has been filed against order dated 3rd June, 2008, passed by Additional District Judge, Delhi, vide which appellants application under Order 39 Rules 1 and 2 of Section 151 of Code of Civil Procedure (for short as 'Code') was dismissed.

(2.) Appellants case is that one Smt. Kailash Rani, wife of Sh. Amarnath Gupta, booked a flat bearing no. 803, 8th Floor, Mercantile House, 15 Kasturba Gandhi Marg, New Delhi and deposited the required amount for the same with respondent company. Smt. Kailash Rani, nominated Sh. D. D. Grover, son of Sh. I. D. Grover and accordingly, the said flat was transferred in the name of Sh. D. D. Grover, vide letter dt. NDHL/CR-105/Dated 22.09.1985.

(3.) During his lifetime, Sh. D. D. Grover paid to the respondent a sum of Rs.4,56,865/- with respect to the said flat, which was under construction at the relevant time. Sh. D. D. Grover was murdered on 15.5.1988. During his lifetime, he had executed a Will dt. 9.11.1986 in respect of his properties, including the flat in question, in favour of his sister Smt. Satya Wati Seth, as Sh. D. D. Grover was bachelor.