BALDEV SINGH Vs. SKIPPER TOWERS PVT. LTD

JUDGEMENT

(1.) Shri. Hardev Singh, brother of Shri. Baldev Singh and son of Mrs. Avtar Kaur (plaintiffs in above mentioned Suit which was decided vide judgement dtd. 1/9/1997 and decreed on 5/9/1997) has filed an application under Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as the 'Act') for inclusion of the name of Mrs. Avtar Kaur through her legal heir, the applicant Shri. Hardev Singh in the Wait List for allotment of Flat in Skipper Towers, 22, Barakhamba Road, New Delhi.

(2.) It is stated in the application that Shri. Baldev Singh and his mother, Mrs. Avtar Kaur filed the aforementioned Civil Suit bearing CS(OS) No. 2326/1996 for Specific Performance of Agreement to allot Flat No. 13 and 13A/Office Space respectively on the first floor admeasuring 120 square ft. each in the building proposed to be constructed on Skipper Tower, 22, Barakhamba Road, New Delhi,(hereinafter referred to as property in question). Shri. Baldev Singh had paid Rs.1,00,000.00 while Mrs. Avtar Kaur paid Rs.1,20,000.00towards the entire consideration amount respectively which was duly corroborated by Reference No. 55 dtd. 14/2/1991 issuing allotment of office space in favour of Mrs. Avtar Kaur, mother of the applicant, Shri. Hardev Singh.

(3.) Disputes arose amongst the allottees and the Builder and one William Jacks filed a Civil Suit No. 728/1987 titled as William Jacks and Company (India) Ltd. vs Skipper Sales Pvt Ltd. against the respondent/ Builder herein, claiming that it had not acted in accordance with the business ethics. A number of suits got instituted by various allottees including by Shri. Baldev Singh and Mrs. Avtar Kaur before this Court.