SHRI KRANTI ARORA Vs. M/S. DIGJAM LTD

JUDGEMENT

(1.) The present appeal has been filed against the Judgment dtd. 7/12/2010, dismissing the suit of the plaintiff (herein the appellant) for recovery of possession and damages against the defendants (herein the respondent) in respect of property/flat bearing no. 12, situated at 3-4, South End Lane, New Delhi ( herein referred to as the suit property).

(2.) The facts, as observed by the Ld. Single Judge, has been presented in the most convoluted manner but with some effort have been chronicled and are not in dispute. Briefly stated, Smt. Birender Amarjit Singh had inducted M/s General Marketing and Manufacturing Company Ltd. (hereinafter referred to as 'GMMCL ') as a tenant in the property bearing no. 3-4, South End Lane, New Delhi in 1968. Subsequently, the owners decided for building and development of multi-storey Group Housing scheme in the property in question. Smt. Birender Amarjit Singh, the Land lady, entered into an Agreement dtd. 23/7/1971 in respect of the property in question with GMMCL. According to its Clause 9, the term of the Agreement was for 10 years. It read as under:

(3.) Thereafter, Smt. Birender Amarjit Singh, Mr. Inder Vijay Singh, Ms. Tavleen Amarjit Singh and Ms. Uday Hardev Singh (collectively described as 'Singhs ") entered into a Collaboration Agreement dtd. 8/9/1979 with M/s Kailash Nath and Associates for building and development of multi-storey Group Housing scheme in the property in question. The Agreement gave right to the Builder, Kailash Nath Associates to sell and dispose of residential flats after they were constructed.