RENU AGRAWAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for issuance of directions to the respondents No.1 & 2/DDA to sanction addition/alteration plans in respect of the first floor of the premises bearing No.A-225, Shivalik, Malviya Nagar, New Delhi, as submitted on 27.10.2011.

(2.) The undisputed facts of the case are that late Smt. Shakuntala Devi (mother of the petitioner No.2 and respondent No.3) was the owner of the subject property by virtue of a Sale Deed dated 20.11.1990. During her lifetime, Smt. Shakuntala Devi had executed a gift deed in respect of the basement, ground and mezzanine floors of the subject premises in favour of her daughter-in-law, respondent No.4/Ms. Manju Agrawala, that was registered on 2.6.2005. Similarly, Smt. Shankuntala Devi had executed a gift deed in respect of the first floor and the terrace above the first floor in favour of her other daughter-in-law, the petitioner No.1, registered on 26.10.2005. Thereafter, on 24.11.2006, the first floor and the terrace of the subject premises were got mutated in favour of the petitioner No.1 in the records of the MCD. Similarly, mutation in respect of the basement, ground and mezzanine floors was carried out in favour of the respondent No.4.

(3.) In the year 2006, Smt. Shankuntala Devi and her husband, Mr. H.S. Agrawala filed a suit for cancellation of the gift deed and for declaration against the respondents No.3 & 4, registered as CS(OS)No.600/2006. During the pendency of the aforesaid suit, the parties arrived at a compromise, as recorded in the Compromise Deed dated 27.8.2007, and based on the said compromise, the suit was disposed of on 20.9.2007.