TOSH APARTMENTS Vs. PRADEEP KUMAR KHANNA

JUDGEMENT

(1.) THIS application is preferred by the applicants (1) Vidur Impex and Traders pvt. Ltd. , (2) Panchavati Plantations Pvt. Ltd. , (3) Haldiram Bhujiawala Bhandar pvt. Ltd. , (4) Star Exim Pvt. Ltd. , (5) VKS Finvest Pvt. Ltd and (6) Convenient tours and Travels Pvt. Ltd. (hereafter compendiously called "the applicants"" ).

(2.) THE applicants aver that prior to execution of a registered sale deed in their favour, in 1997, the first defendant (hereafter "p. K. Khanna"") was owner of the suit property being 21, Aurangzeb Road, New Delhi. They claim to have acquired the suit property pursuant to an agreement to sell, dated 19. 2. 1997. It is averred that the vendor, P. K. Khanna, obtained permission for sale of the property from the Land and Development Office (Landdo) as well as the no-objection certificate from the Income Tax Authorities for executing the sale deed. The applicants allege that P. K. Khanna never informed them about the existence of the present suit or subsistence of any interim order. They contend about becoming absolute owners of the property and also having acquired physical possession of some of its portions. The applicants aver entering into an agreement to sell with M/s. Bhagwati Developers (P) Ltd. to further sell the suit property which led to some disputes ultimately culminating in an arbitrator's award. The said Bhagwati Developers (P) Ltd. moved the Calcutta high Court which, by an ex parte order appointed a Receiver who attempted to take possession of the suit property.

(3.) THE applicants claim having become aware of this Court's injunction orders in the present suit after the above developments and approaching P. K. Khanna who informed them that he had never agreed to sell the suit property to the plaintiff, in this suit. The said P. K. Khanna filed a suit CS (OS) 161/1999 seeking declaration that the sale deed in favour the applicant was void. During the pendency of that case, P. K. Khanna filed an application after which the suit was dismissed as withdrawn. Later, P. K. Khanna died.