GLITTER BUILDCON PRIVATE LIMITED Vs. SANJAY GROVER

JUDGEMENT

(1.) This Order shall dispose of IA No.6147/2002, filed by Defendant Nos.3 and 4 for supply of the complete paper book; IA No. 8460/2002 also filed by the same Defendants under Order XXXIX Rule 4; and IA No.2528/2002 under Order XXXIX Rule 1 and 2 which accompanied the plaint. The Plaintiff had also filed IA No.377/2003 under Order VI Rule 17 for amendment of the plaint. Mr.Harish Salve, learned Senior counsel has contended that this application is calculated only to delay the proceedings and since it seeks to assail the Gift Deed in favour of Defendant Nos.3 and 4, in order that the hearings on the ad interim injunction be not delayed, the Court may presume that this relief has been incorporated into the plaint. IA No.377/2003 stands allowed and as a consequence, IA No.376/2003 also stands disposed of.

(2.) On 15.3.2002 Hon'ble Mr. Justice J.D. Kapoor, had restrained the Defendants from selling or transferring property bearing No.3, Panchsheel Marg, New Delhi (hereinafter referred to as the suit property).

(3.) The suit is for the Specific Performance of an alleged Agreement to Sell dated 10.4.1999 whereby the suit property was allegedly agreed to be sold to the Plaintiff by Late Sita Singh, the paternal Grandmother of Defendant Nos. 2 to 4. This document has been signed by Defendant No.1 who is the husband of Defendant No.2 as the duly constituted General Attorney. It purportedly contains the signature of Late Sita Singh as Witness No.1, a feature which is extremely unusual, therefore, suspicious. It recites that the suit property has been leased to Dr. Fouad Khoury in his capacity as Charge-D-Affairs of Lebanon in India on a monthly rent of Rs.48,000/- which rent has not been paid with effect from February, 1993. The sale consideration is mentioned to be Rs.47.5 lakhs on "as is where is basis" to the tenancy and litigation pertaining to House-tax. Clause-6 fixes the responsibility of converting the said property from leasehold to freehold, the charges whereof would be paid by the Plaintiff. Clause-10 speaks of the execution and registration of the Power of Attorney in favour of Defendant No.1. Clause-60 mentions the execution and registration of a Will in favour of Defendant No.1.