B.L. MALHOTRA Vs. DDA

JUDGEMENT

(1.) I .A. No. 692/2009 (Under Order 7 Rule 11) in CS (OS) in 994/2002 1. The present order would dispose of an application, I.A. No. 692/2009, filed by the Defendant No.2 in CS (OS) 692/2009, Mr. Ranjit Lal Malhotra, for rejection of the suit.

(2.) THE brief facts are that the suit is filed by Mr. Bikramjit Lal Malhotra (hereafter called "B.L.Malhotra") and Mr. Vijay Dixit (hereafter called "Dixit", the second plaintiff), claiming injunction against the Delhi Development Authority (hereafter called "DDA"), and anyone acting on its behalf from implementing a Lease Cancellation Order dated 04.03.2002, as regards property no. F -5, East of Kailash, New Delhi (hereafter called "the suit property") and from interfering with peaceful use and occupation of the plaintiffs and their employees, transferors etc.

(3.) ACCORDING to the suit averments, one Mr. Charanjit Lal Malhotra (hereafter called "Charanjit Lal") was the owner of leasehold rights in regard to the suit property, pursuant to a Registered Deed dated 28.12.1972. On his death, his legal heirs, i.e. B.L. Malhotra and his sons, Ranjit Lal Malhotra (hereafter called "R.L. Malhotra") and Inderjit Lal Malhotra (hereafter called "I.L. Malhotra" and daughter, Ms. Meera Malhotra (hereafter called "Meera") succeeded to his estate. The DDA mutated the property in favor of those legal heirs by a letter dated 27.11.1995. It is contended that the said heirs of Charanjit Lal entered into agreements to sell on 28.06.1996, in favor of Dixit and constituted him as their lawful attorney through a deed. The suit significantly alleges that Dixit took possession of the suit property in part -performance of the agreement, entered into further agreements to sell with the other owners and sought for conversion of the suit property, sometime in 1997. It is stated that Dixit also got the building plans sanctioned from the DDA. The suit states that the construction of the building was completed and that B.L. Malhotra as well as Dixit are in use and occupation of the building.