LAWS(DLH)-2014-7-68

MAHIMA Vs. DDA

Decided On July 18, 2014
MAHIMA Appellant
V/S
DDA Respondents

JUDGEMENT

(1.) The three plaintiffs have instituted this suit for the reliefs of, (i) declaration that they are the absolute owners of MIG Flat No. AD-21-C Pitam Pura, New Delhi under the Family Settlement dated 29th November, 2006 executed by the plaintiff no.1 and the defendant no.2 Shri Anil Arora; (ii) mandatory injunction directing the defendant no.1 DDA to mutate the said flat from the name of the defendant no.2 Sh. Anil Arora to the name of the plaintiffs; (iii) mandatory injunction directing the defendant no.2 to handover to the plaintiffs all the requisite documents pertaining to the said flat; and, (iv) permanent injunction restraining the defendant no.2 from creating any third party interest in the said flat, pleading:-

(2.) Summons of the suit and notice of the application for interim relief were issued to the defendants and vide ex parte ad interim order dated 1st June, 2012 the defendant no.2 was restrained from transferring, encumbering or selling the said flat or any part thereof and/or from making any additions, alterations thereto.

(3.) The defendant no.1 DDA has contested the suit by filing a written statement inter alia on the ground that since the plaintiffs had not submitted the complete documents and not deposited the conversion fee and also not submitted the complete chain of GPAs and Agreement to Sell, hence the conversion case was still pending for want of compliance on behalf of the plaintiffs.