RITNAND BALVED EDUCATION FOUNDATION Vs. PAUL NANDA

JUDGEMENT

(1.) Both these suits arise out a common set of facts. They have been tried together. CS (OS) No. 247 of 2004 has been filed by Ritnand Balved Education Foundation ('RBEF') against late Admiral S.M. Nanda for a permanent injunction, restraining the Defendant from dispossessing the Plaintiff from the property at B-104, Defence Colony, New Delhi (hereinafter the 'suit property') and from creating any third party interest or encumbering in any manner or alienating the suit property.

(2.) On 15th March 2004, while directing issuance of summons, an interim order was passed in IA No. 1635 of 2004 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ('CPC'), restraining Admiral Nanda from selling, alienating, parting with possession or creating third party interest in the suit property.

(3.) The averments in the plaint in CS (OS) No. 247 of 2004, as originally filed, stated that a registered perpetual lease deed dated 11th September 1959 had been executed by the Land and Development Officer ('L&DO') in respect of the suit property which was a plot of land ad measuring 361 sq. yds. Thereafter, Admiral Nanda raised construction on the ground floor, first floor, part of the second floor, garage, servant quarters etc. The Municipal Corporation of Delhi approved the use of land in front of the house to the extent of 10 sq. yds. by a letter dated 5th March 1963. A conveyance deed was executed by the L&DO in favour of Admiral Nanda on 8th June 1997 for conversion of the property from leasehold to freehold.