AERO SYSTEM Vs. JAGANNATH SHARMA

JUDGEMENT

(1.) This is an application under Order 1. Rule 10 read with Section 151 of the Code of Civil Procedure on behalf of Anil Kumar Rampal son of Shri Kundan Lal Rampal for impleading him as a party to the suit.

(2.) The plantiff has filed the suit for various reliefs virtually amounting to specific performance of an agreement dated 20th August, 1969, between the plantiff and defendant No. 2 on the allegations that the President of India granted a sub-lease of plot No. 15, Block B, West End Colony, New Delhi, to Shri K.L Rampal, defendant No. 2, that defendand No. 2 entered into a registered agreement dated 20th August, 1969, with the plantiff, whereby it was agreed that the plantiff would construct a building, and after completion he would obtain a completion certificate and inform defendant No. 2 and on being informed of obtaining such certificate the defendant No. 2 within 30 days, time being essense of the contract, pay of the plantiff a lumpsum amount of Rs. 5 lakhs plus interest and refund of security amount of Rs. 51000.00 and in case defendant No. 2 fails to pay the said amount within the stipulated period, he would execute a conveyance deed transferring his rights in the land and building ; that the plantiff in accordance with the agreement, constructed the building and obtained a completion certificate dated 16th October, 1973, and informed defendant No. 2 by its letter dated 18th October, 1973, requiring him to pay the amount due as above; that defendant No. 2 failed to pay the amount and he expressed his inability to pay as per letter dated 10th April, 1974 ; that defendant No. 2, thus, ceased to have any right title or interest in the said plot or the building thereon. The plantiff is stated to be in possession of the land and the plot and no part of the consideration remains to be paid by the plantiff to defendant No. 2. It is further stated that the plantiff has also been in possession of all documents relating to the property in question. Sometime in 1976, it appears that defendant No. 2 was adjudged insolevent by the insolvency Court at Dehra Dun and Shri Jagan Nath Sharma, defendant No. 1, was appointed as Official Receiver. The Official Receiver is alleged to have asked the plantiff to deliver possession of the property to him, but the plantiff refused. The plantiff, thereafter, served a notice dated 21st January, 1977, through his consel and filed the present suit for various reliefs amounting to specific performance of the agreement dated 20th August, 1969.

(3.) Nobody appears to have put in appearance on behalf of either defendant No. 1 or defendant No. 2. I am informed that defendant No. 1 has since ceased to be an Official Receiver or defandant No. 2 and that one Shri Tej Parkash, Advocate, has been appointed as Official Raceiver of the estate of defendant No. 1. Infact, I find on record an application (I.A. No. 4207 of 1977) on behalf of Shri Tej Parkash, Official Receiver, Dehra Dun under Order 9, Rule 7 and Section 151 of the Code of Civil Procedure for setting aside the order proceeding ex-parte against defendants Nos. 1 and 2. At the moment I am not concerned with this application. (I.A. No. 4207 of 1977).