KANAKDHARA CREDITS PVT LTD Vs. MUKESH KAPIL

JUDGEMENT

(1.) WHILE I.A. 17167/2011 has been filed seeking an injunction restraining the defendants from interfering in plaintiffs possession and from creating obstacles in plaintiffs ingress and egress to the second floor of 14, Bazar Lane, Babar Road, Bengali Market, New Delhi-110001 (hereinafter referred to as the ,,suit property), I.A. 7184/2012 has been filed by the plaintiff for handing over keys of the suit property as it is the plaintiffs case that defendants had forcibly taken possession of the suit property.

(2.) THE facts of the present case are that on 17th February, 1992, a Collaboration Agreement was executed between late Mr. Darshan Lal Kapil, father and father-in-law of defendant Nos.1 and 2 respectively and M/s. Ranjit Towers (India) Pvt. Ltd. (hereinafter referred to as ,,developer) whereby the developer agreed to reconstruct the suit property at its own cost and expense. Upon the construction being completed, father of defendant No.1 was to own ground floor and receive Rs.15 lacs from the developer. The rest of the reconstructed property that means, basement, first and second floor was agreed to be sold, transferred and conveyed by the father of defendant No.1 to the developer or its nominee. The developer was also entitled to enter into an Agreement to Sell/Transfer/Negotiate sale of basement, first floor and second floor.

(3.) HOWEVER , dispute arose between the parties during and after construction and several litigations were filed during the period 1996 to 2001.