JATINDER NATH Vs. CHOPRA LAND DEVELOPERS & ANR

JUDGEMENT

(1.) The Appellant/Plaintiff (hereinafter, "Plaintiff"), Mr. Jatinder Nath, through his daughter and power of attorney holder, Ms. Vaishali Sood filed the subject suit seeking declaration, possession and consequential reliefs against M/s. Chopra Land Developers Pvt. Ltd. and Mr. O. P. Chopra (hereinafter "Builder") in respect of property measuring 400 Sq. Yards being G-13, Malviya Nagar Extension (now Saket), New Delhi (hereinafter the "suit property").

(2.) The Plaintiff was allotted this plot by the Delhi Development Authority ("DDA") in a public auction held in 197 An agreement dated 16th March, 1990 was entered into between the Plaintiff and the Builder which was an agreement for development of the suit property on the terms and conditions contained therein. The case of the Plaintiff is that the Builder failed to comply with the various terms and conditions and that illegal and unauthorized construction was raised in violation of the municipal laws, due to which the MCD sealed the structure vide order dated 29th November, 1991. As per the agreement, the Builder had to obtain the necessary sanction plans for the erection of the structure and construction on the property and any deviations and unauthorized construction would not be permissible. In view of the various breaches by the Builder, the Plaintiff issued notice dated 3rd August, 1992 calling upon the Builder to hand over the possession of the suit property. According to the Plaintiff, the Builder illegally sold two portions of the property to, two persons namely Mr. P. K. Mathur and Mr. Pramod Dang. As per the agreement, there was an arbitration clause under which any disputes between parties would be referred to the Sole Arbitrator - Shri Damodar Sharma. Clauses 11 & 20 of the agreement are set out herein below:

(3.) The named Arbitrator Mr. Damodar Sharma had entered into reference on 24th August, 1992. On 1st September, 1992, the Plaintiff took the possession of first, second and third floors of the partly constructed incomplete structure and remaining portions i.e. basement and ground floor of the structure remained in the possession of the Builder and his vendees Mr. Pramod Dang and Mr. P. K. Mathur.