KRANTI ARORA Vs. DIGJAM LTD

JUDGEMENT

(1.) CM(M) NO 51983 OF 2018 (Application for Impleadment).

(2.) The factual background as appearing from record and necessary to mention to decide present application is that R.B.S. Basakha Singh was lessee of piece of plot admeasuring 1.398 acres bearing no 6-A, block no. 11, known as 3& 4, South End Road Lane, New Delhi-110001 vide registered perpetual lease deed dtd. 4/11/1942 effective from 23/4/1929 executed between Governor-General in Council and R.B.S. Basakha Singh. R.B.S. Basakha Singh transferred right, title and interest in respect of said plot along with built up structure thereon in favor of his daughter namely Bibi Barrinder Kaur (now known as Birender Amarjit Singh) vide registered Gift Deed dtd. 14/4/1947. Birender Amarjit Singh transferred rights, title and interest in respect of one-half share in said plot in favor of her son namely Inder Vijay Singh and two daughters namely Tavleen Singh and Udaya Hardev Singh vide Gift Deed dtd. 25/3/1971.

(3.) M/s General Marketing and Manufacturing Company Ltd. (GMMCL) was a tenant in respect of said plot/property. Birender Amarjit Singh entered into an agreement dtd. 23/7/1971 with GMMCL vide which GMMCL had agreed to vacate said plot/property with condition that after reconstruction of said plot/property, GMMCL would be inducted as tenant in respect of a flat measuring 1800 sq. feet on the 9th floor @ monthly rent of Rs.1300.00 and said agreement was made to be valid for period of 10 years only from the date of handing over of the possession of the flat in the new building complex. Birender Amarjit Singh, Inder Vijay Singh, Tavleen Singh and Udaya Hardev Singh also entered into a Collaboration Agreement dtd. 8/9/1979 with M/S Kailash Nath and Associates for building and development of multi-story Group Housing Scheme (Gauri Apartments) on said plot with rights to M/S Kailash Nath and Associates to sell and dispose of residential flats to be constructed on said plot.