HANSALAYA PROPERTIES Vs. DALMIA CEMENT BHARAT LIMITED

JUDGEMENT

(1.) Hansalaya Properties, petitioner has filed thispetition under Article 227 of the Constitution of India, thereby challengingthe order dated 18/03/1993 of Shri M.A. Khan, Appellate Tribunal,Municipal Corporation of Delhi, thereby rejecting the application of thepetitioner under Order I Rule 10 of the Code of Civil Procedure.

(2.) Hansalaya Properties, the petitioner is a partnership concern andSmt. Pushpa Vadera is one of the partners, through whom, this petition hasbeen filed. The petitioner is the promoter/builder/owner of the multistoreybuilding named "HANSALAYA", situated at Bara Khamba Road, NewDelhi. An agreement to sell the i 1th floor of this building was entered into between the petitioner and M/s. Dalmia Cement (Bharat) Limited, respondentNo. 1 in the year 19,0 while an agreement to sell in respect of 12thfloor of this building was entered into between Orissa Cement Limited andthi petitioner. Subsequently, on the basis of a settlement arrived at between respondent No. 1 and Orissa Cement Limited, the agreement to sell inrespect of 12th floor was converted in favour of the respondent No. 1.Respondent No. 1 took possession of both the floors i.e. 11th and 12th floorof the said building in pursuance of agreement to sell.

(3.) Litigation started between the petitioner and respondent No. 1and in Suit No. 318/80, pending in this Court, an order was passed on 8/08/1980, hereby Hansalaya Properties were restrained from interfering tothe peaceful enjoyment, user and possession by ths plaintiffs of complete 11thand 12th floors and appurtenances thereto, which order is still subsisting.