PUSHPA VADERA Vs. SITA NANDA

JUDGEMENT

(1.) The present suit has been filed in respect of Unit-E, known as 20-E, Prithviraj Road, New Delhi. On 9th March, 1923, a perpetual lease deed (Ex. P-2) was executed in favour of Shri Tirath Ram Sawhney, for Plot No.10 in Block No.11 (now known as Plot No.20 and 20A). Only Plot No. 20, Prithviraj Road, New Delhi, which is admeasuring 9407.44 Sq. yards is the subject matter of the present suit. Thereafter, on 7th August, 1953, Shri Lala Balmukund Shah Sawhney was allotted the said property vide partition deed of the said date (Ex. P-3) . Shri Lala Balmukund Shah Sawhney gifted the said plot to his daughter Mrs. Sita Nanda - Defendant vide gift deed dated 19th August, 1953 (Ex. P-4).

(2.) A group housing project was approved in the said property on 16th July, 1971, constituting 15 dwelling units per acre in 5 separate units, being 28 dwelling units in all. The Plaintiff entered into a co-lessee deed with Mrs. Sita Nanda on 25th October, 1971. (Ex. P-9). By the said deed, the Defendant transferred and conveyed all her leasehold rights in 1730 Sq. Yards of the property in question marked as Unit-E, which also came to be known as 20-E, Prithviraj Road, New Delhi. The said co-lessee deed was also registered with the Sub-Registrar. At the said time, the property was a leasehold property. At the time when the co-lessee deed was executed and consideration contained therein was paid by the Plaintiff to Mrs. Sita Nanda, the Defendant had paid the capital gains tax as per Mr. Matta, Ld. Senior counsel for the Defendant.

(3.) Subsequently, since the property continued to be leasehold property and an application for conversion had to be made for converting the property into freehold, the Plaintiff paid her share of the conversion charges to Mrs. Sita Nanda, which is duly acknowledged and admitted. For the conversion of the property, the application for conversion was made by various colessees, which culminated in an order of the Ld. Division Bench dated 17th December, 2012. In the meantime, the L&DO had executed a conveyance deed dated 17th September, 2012 (Ex. P-32) converting the property into freehold in favour of Mrs. Sita Nanda. However, there is no dispute to the fact that the Plaintiff had contributed her share of the conversion charges, which was paid to the L&DO.