PRADEEP SAITH Vs. S K MEHTA

JUDGEMENT

(1.) The petitioner is the owner of property bearing No.A-49, Nizamuddin East, New Delhi and had entered into an agreement dated 25.05.1992 with Sahil Builders for re- development of the property. Subsequently a tripartite agreement was signed dated 18.03.1994 between the petitioner, Sahil Builders and the respondents herein in terms whereof all the rights of Sahil Builders were assigned to the respondent on payment of Rs. 9 lakhs by the respondent to Sahil Builders. On the same day the petitioner and the respondent entered into a property development agreement for the re-deveopment of the property. In terms of the agreement dated 18.03.1994, the development had to be made by the respondent of a two storyed building with terrace. There were two other material terms agreed upon which are relevant for the present disputes : (i) a deed of licence by the respondent in favour of the petitioner in the top floor of property No.A-54, Nizamuddin East, New Delhi to provide accommodation for the residence of the petitioner. This property was owned by Ms. Deepa Mehta, daughter of respondent No.2. (ii) A mortgage of first floor of property No.2/14A Jungpura, New Delhi, owned by Dalip Mehta, son of the respondent as security for performance.

(2.) A supplementary agreement dated 19.03.1994 was also executed in terms whereof the respondent took the responsibility of selling the lower ground floor which had fallen to the share of the petitioner. This portion was sold for Rs.20 lakhs by mutual agreement between the parties herein.

(3.) The respondent constructed property No.A-54, Nizamuddin East and the petitioner was given possession of the upper ground floor falling to his share as per re- development agreement in September 1999 but he continued to occupy the top floor of A-54, Nizamuddin East. Since there were disputes between the parties in relation to the agreements executed, Justice P.K. Bahri (Retired) was appointed as the sole arbitrator by this Court vide order dated 20.11.2001 in AA No.278/2000.