ARVIND YADAV Vs. HARISH KUMAR BHALLA & ANR

JUDGEMENT

(1.) This is an appeal against an order dated 17th April 2018 passed by the learned Single Judge in OA 21 of 2018 in CS (COMM) 22 of 2015 upholding an order dated 30th January 2018 passed by the Joint Registrar ("JR") dismissing the Appellant's application IA 11489 of 2016 under Order 1 Rule 10 CPC for impleadment.

(2.) The facts in brief are that on 21st March 2013 a Collaboration Agreement (CA) was executed between Mr. Harish Kumar Bhalla (hereafter referred to as "the owner") and Mr. Mannu Talwar (hereafter referred to as "the builder") in terms of which the owner pooled in his plot of land and the builder agreed to contribute his resources to construct a superstructure on the plot. The builder fell short of funds. Both parties thereafter entered into a Supplementary Agreement (SA) dated 8th March 2014 in terms of which the builder was allowed by the owner to accept a booking with respect to the second floor of the superstructure. It was specifically provided that till such time the building was not complete the owner would not execute the sale deed in favour of the nominee of the builder.

(3.) The case of the present Appellant is that thereafter on 16th October 2014, the builder and the Applicant entered into an Agreement to Sell (ATS) whereby the builder agreed to sell to the Appellant his right and interest in the second floor of the superstructure. The builder is stated to have sent the owner an e-mail on 22nd May 2015 nominating the Appellant as the builder's nominee for the execution of the sale deed in respect of the second floor. The Appellant claims that the builder received payment from the Appellant and sent an e-mail informing the owner about it.