LAWS(DLH)-2011-1-211

BOOTS PHARMACEUTICALS LTD Vs. RAJINDER MOHINDRA

Decided On January 17, 2011
BOOTS PHARMACEUTICALS LTD. Appellant
V/S
RAJINDER MOHINDRA Respondents

JUDGEMENT

(1.) The present suit has beeb filed by the plaintiff for specific performance of Agreement to sell date 20.11.1989 executed between the plaintiff and the defendants. The prayers sought in the present suit arwe as under:

(2.) The brief facts leading up to the filing of this suit are that the Plaintiff company was a lessee of property No. E-44/10 Okhla Industrial Area (Phase I), New Delhi - 110020 measuring approximately 501.67 square meters (hereinafter referred to as the =demised premises') and the Defendants were owners thereof, having purchased the demised premises at a bid. The lease deed dated 08.04.1986 between the parties was for a period of five years, initially renewable by the lessee for two successive periods of five years at an enhanced rate each time of 25% and thereafter on mutually agreeable terms.

(3.) The thrust of the plaint is that when the demised premises were bought the Defendants were Indian citizens but by virtue of staying abroad for very long, they both acquired the citizenship of the United States of America. At this juncture, the Defendants were directed by the Reserve Bank of India to dispose of the demised premises as the policy as it stood then did not allow foreign nationals of Indian origin to own/hold any commercial property for investment purposes like earning rental income etc.