RAJEEV GUPTA Vs. J K KASHYAP

JUDGEMENT

(1.) One Shri Chandra Prakash Gupta who was the original owner of half portion of the property bearing No. 1/14, Shanti Niketan, New Delhi - 110021 (hereinafter referred to as the "suit property") measuring 600 Sq. Yds., died on 02/01/2000 leaving behind his last will and testament dated 09/03/1995, whereby he bequeathed all his rights, title and interests in the said suit property jointly to Rajiv Gupta and Mrs Chitra Mehta, Defendant No. 1 and Defendant No. 2 respectively in Suit No. 2156/2007. Thus both of them became co-owners of the suit property. The other half portion of the above-mentioned property belongs to N.P. Gupta, defendant No.3 in this suit, who is the uncle of defendant No. 1 and 2. Vide Memorandum to Sell dated 31.1.2005, Rajiv Gupta and Chitra Mehta agreed to sell the suit property to J.K. Kashyap, plaintiff in Suit No. 2156/2007, for a sale consideration of Rs 4.80 crores. He paid Rs 50 lakhs to them at the time of entering into above mentioned memorandum of sale. The remaining sale consideration of Rs 4.30 crores was to be paid at the time of completion of sale. He later paid Rs 45 Lakhs to Smt Jamila Gupta step mother of defendants Nos. 1 & 2, vide agreement dated 18th February 2005, and took possession of ground floor and basement of suit property from her.

(2.) CS(OS) No. 277/2007 has been filed by Rajiv Gupta and Mrs Chitra Mehta against J.K. Kashyap, seeking recovery of Rs 13.5 lakhs towards damages for unauthorized use and occupation of the basement and ground floor of the suit property as well as possession of the aforesaid portions. While admitting execution of the Memorandum of Sale dated 31.01.2005 in favour of J.K. Kashyap and receipt of Rs 50 lakhs from him, they alleged that since he failed to pay the balance sale consideration of Rs 3.80 crores and get the sale deed executed by the last date stipulated in the Memorandum of Sale, there was a breach of the contract on his part. It has also been alleged by them that delivery of the possession of the basement and ground floor by Smt. Jamila Gupta to him also was subject to compliance of all the terms and conditions contained in the Memorandum of Sale dated 31.01.2005 and since he had defaulted in complying with those terms and conditions, he was liable to return the possession of the aforesaid portions to them.

(3.) CS(OS) No. 1870/2008 has been filed by one Shri Atul Bansal, who claims that vide an agreement to sell dated 20th August, 2005, J.K. Kashyap, who is defendant No.2 in this suit, had assigned, to him, all his right, title and interest in the suit property which had accrued to him by virtue of Memorandum/Agreement to Sell dated 31.01.2005, executed between him on one hand and Rajiv Gupta and Mrs Chitra Mehta on the other and, therefore, he stepped into the shoes of J.K. Kashyap. He also claims to have paid a sum of Rs 1,0020,000/- to J.K. Kashyap. He has sought specific performance of the agreement to sell dated 20th August, 2005 executed between him and J.K. Kashyap with respect to the suit property. Rajiv Gupta and Mrs Chitra Mehta have been impleaded as defendant Nos. 2 and 3 in the suit.