ADITYA GOYAL Vs. D.D.A.

JUDGEMENT

(1.) This suit is listed for final arguments. Counsel for both the parties have been heard with respect to overall perspectives qua the different issues which arise in this case. I am stating the different issues as also certain legal aspects in the present order inasmuch as, I am of the firm belief that in the present case, instead of litigation, the defendant/DDA must take a holistic view.

(2.) The disputes in the present case pertain to the property bearing no. 4, Lajpat Nagar-IV, New Delhi. With respect to subject property, a perpetual lease deed was executed by the defendant in favour of the plaintiff on 1.3.1996. I may note that what was sold as perpetual lessee rights to the plaintiff was pursuant to an open auction, and the price received by the DDA by means of an open auction was the market price i.e the price is not a concessional price.

(3.) The perpetual lease deed was thereafter applied for being converted into freehold by getting a conveyance deed in favour of the plaintiff. Effectively, by the conveyance deed, the leasehold rights get extinguished and a person becomes a complete owner of the land as freehold land. Pursuant to an application filed by the plaitiff, the defendant executed a conveyance deed dated 16.12.1996 in favour of the plaintiff. It is at the stage subsequent to the execution of the conveyance deed that the disputes have arisen between the parties. Whereas the defendant alleged misrepresentation on behalf of the plaintiff of the property having been constructed on the date of execution of the conveyance deed, the plaintiff countered to say that there was no misrepresentation inasmuch as the application for conversion does not even talk of the property being a constructed property.