KANWAL KISHORE MANCHANDA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Petitioner invokes the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, and seeking the following reliefs:

(2.) Before probing into the facts leading to the filing of the present petition, it is necessary to first establish the genealogy of the parties involved. Sh. Ram Parkash Arora (now deceased), who is central to the case at hand, got married to Smt. Phoolvati @ Janak Dulari. From the wedlock, two sons and two daughters namely, Sh. Kanwal Kishore Manchanda (petitioner herein), Shri Chand Kiran, Smt. Sneh Avlash/Sneh Prabha and Smt. Raksha Arora, were born to the couple. Unfortunately, Shri Chand Kiran predeceased Sh. Ram Parkash Arora on 3/1/1974, leaving behind his wife Smt. Kiran Arora, a son namely Sh. Gagan Khanna (Respondent No.2 herein at whose instance the DDA has proceeded to pass the impugned directions) and a daughter namely Smt. Monica Arora/Monica Hurt. Smt. Raksha Arora married and then got divorced from her husband Shri Prem Kumar. Thereafter, Smt. Raksha Arora (now deceased) and her daughter Ms. Smita Arora started residing with and being maintained by her father i.e., Shri Ram Parkash. Thus, the petitioner herein is the son of late Sh. Ram Parkash, brother of Sh. Chand Kiran and the paternal uncle of Respondent No.2.

(3.) It is the case of the petitioner herein that the property bearing Plot No. B-87, Mayapuri Industrial Area, Phase-1, New Delhi (hereinafter, 'subject property') was originally allotted by the Respondent No.1/DDA to M/s Ram Parkash Kanwal Kishore, a 'proprietorship firm' through its sole proprietor i.e., Sh. Ram Parkash Arora (father of the petitioner herein) vide registered perpetual lease deed 25/9/1967. However, this averment has been challenged by the Respondent No.2 (grandson of Sh. Ram Parkash and nephew of petitioner herein) who has contended that the constitution of the said firm was changed to that of a partnership w.e.f. 1/4/1964 under a Deed of Partition dtd. 1/4/1964, consisting of three partners namely, Sh. Ram Parkash Arora (father of petitioner and grandfather of respondent no.2), Sh. Kanwal Kishore (petitioner herein) and Sh. Chand Kiran (father of Respondent No.2). Per contra, it is strongly urged by the Respondent No.2, while relying upon some documents placed on the record including but not limited to Deed of Partnership dtd. 1/4/1971, that the allotment letter dtd. 2/9/1966 of the subject property was issued by Respondent No.1/DDA in favour of the 'partnership firm' and the same was signed by Sh. Ram Parkash Arora in his capacity of partner in the said partnership firm. Thus, it is contended that the subject property is an asset of the partnership firm M/s Ram Parkash Kanwal Kishore of which the father of the respondent No.2 was a partner.