R C VIRMANI Vs. RAMPAT ESTATE PVT LTD

JUDGEMENT

(1.) This order will dispose of two suits, CS (OS) 1771/08 and CS (OS) 1772/08, on the question of limitation. The plaintiff seeks a decree for specific performance, declaration and permanent injunction, in respect of ground floor of a common property.

(2.) According to the suit averments, the defendant is a corporate entity carrying business of buying and selling property, with its office in Green Park, New Delhi. It is averred that the defendant is the absolute owner of the commercial property bearing No. E-22, Hauz Khas, New Delhi, measuring 250 sq yards and the multi storeyed property constructed on it. The defendant purchased the said property from one Mr. Shiv Kumar through sale deed dated 3rd September 1987, and thereafter constructed a four storeyed building on it. The ground floor and the basement were let out, whereas the other floors were sold to different buyers.

(3.) It is averred that on 8th July 1995 and 8th September 1995 respectively, the plaintiff in CS (OS) 1771/08 and the first plaintiff in CS (OS) 1772/08, along with two others, Mr. BD Khullar and Mr. Ravi Raj Khanna, entered into an agreement with the defendant to purchase the entire ground floor of the said property (hereafter "the suit property") admeasuring 1850 sq. ft, consisting of one hall, one toilet, together with undivided, indivisible and impartible proportionate ownership in the suit property. At that time the suit property had already been given to rent to M/s Ericsson Ltd. at Rs. 22,20,000/- per annum, which interest the plaintiffs and the other co-owners took on. The plaintiffs and the other co-owners had paid the full consideration towards their respective shares and were handed possession of the suit property on the date of the execution of the agreement to sell. The total consideration amount was Rs. 64, 75, 000/-, out of which the plaintiff in CS (OS) 1771/08 paid Rs. 24, 50, 000 and the plaintiffs in CS (OS) 1772/08, who bought the shares of the other co-owners too, paid Rs. 40, 25, 000/- towards their respective shares in the suit property. Thus, the plaintiffs in CS (OS) 1771/08 and CS (OS) 1772/08 took possession of 700 sq. ft and 1150 sq. ft in the suit property.