MUKESH KAPIL Vs. PARAG P.TRIPATHI

JUDGEMENT

(1.) The plaintiff has filed the present suit to seek the following substantial reliefs:

(2.) At the outset, the learned counsel for the plaintiff was called upon to make his submissions to satisfy the Court with regard to the maintainability of the suit, in light of the averments made therein and the documents filed along with the suit. The issue with regard to the maintainability of the suit arises in the following factual background discernable from the averments made in the plaint and the documents filed on record.

(3.) The plaintiff's father late Sh. Darshan Lal Kapil was the original lessee of the property bearing No. Block No.205-C Plot No.22 (Old) now known as 14, Bazar Lane, New Delhi. The lease was granted and duly registered on 23.04.1936 by the Governor General in Council, i.e. the lessor. The plaintiff states that defendant No.3 M/s Ranjit Towers (I) Private Limited entered into an agreement with late Sh. Darshan Lal Kapil on 17.02.1992 for re-development/addition and alteration of the suit property on the terms & conditions mentioned therein. Under the said agreement dated 17.02.1992, defendant No.3 was obliged to re-develop the property and, in consideration thereof, was entitled to deal with certain portions of the suit property.