KIDAR NATH BABBAR Vs. BABA VENTURES PVT. LTD

JUDGEMENT

(1.) This order will dispose of the application moved by the plaintiffs in their suit for possession, seeking interim restraints on the defendant.

(2.) The case of the plaintiffs is that they are the owners of property, i.e., Eastern side of plot No.B-19 Okhla Industrial Area, Phase-L, New Delhi, admeasuring the area of 22811 sq. feet (2125.64 sq. ms). It is their case that on 10t h April, 1985, a Perpetual Lease Deed was executed in the name of the National Cooperative Consumer Federation of India Limited (NCCF) in respect of the property i.e., B-19 Okhla Industrial Area, Phase-1, New Delhi admeasuring area of 5634.38 sq.yards (4710.7 sq. mtrs.) On 14/10/1996, NCCF entered into an agreement of Collaboration agreement for the development of the said property i.e. B-19, Okhla Industrial Area, Phase-I, New Delhi with M/s. Devika Builders Private Limited M/s DBPL). As per the collaboration agreement both decided to share the plot of land and building on 50:50 basis. NCCF took the possession of its share, towards the West side of the Plot B-19 i.e. adjoining Plot B-20 Okhla Industrial Area Phase-1, New Delhi whereas M/s DBPL took the possession of the Eastern portion of the B-19 Okhla Industrial Area Phase-1, New Delhi i.e. adjoining to Plot B-18 Okhla Industrial Area Phase-1, New Delhi. The plot was also vertically divided in the middle in a North-South access by a straight line, and the two portions were numbered B-19 (A) situated on the Western side belonging to NCCF and B-19 (B) situated on the Eastern side belonging to M/s DBPL.

(3.) Subsequently, i.e., on 3/7/2009, DBPL sold their portion measuring 2483.73 sq. meters, to the plaintiffs and executed a Sale Deed through their Attorney Sh. Hanwant Rai Suri. After purchasing the plot, Plaintiffs came to know that their portion i.e. Plot B-19(B) was falling short of the measurements given in the Sale Deed as the angle which existed towards the plot No. B-18 by 22'4" Feet was missing. The plaintiff No.1 requested the Delhi Development Authority for a proper and accurate demarcation of the plot of the plaintiffs. On 23/9/2009 the official of the DDA after due inspection reported that the plot of the plaintiffs on one side, i.e. Eastern side was less by 22'4" Feet in comparison with the original site plan.