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2013 Supreme(Del) 1245

REVA KHETRAPAL, PRATIBHA RANI
Satya Narain Bansal – Appellant
Versus
DDA – Respondent


Advocate Appeared:
For the Appellant:A.K. Singla, Senior Advocate with Sushil Jaiswal, Sheetesh Khanna, Advocates.
For the Respondent:Pawan Mathur, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The suit filed by the plaintiff for specific performance was dismissed because the plaintiff failed to prove that he was ready and willing to perform the essential terms of the contract and did not meet the eligibility criteria for the plot under the scheme (!) (!) .

  2. The plaintiff, who was a Chairman of the Municipal Corporation of Delhi, applied for a plot in 1978 under a scheme reserving plots for sitting Members of Parliament and other specified categories, and was allotted a plot in a draw of lots held in 1979 (!) (!) (!) .

  3. Despite the allotment, the DDA did not execute the lease deed, prompting the plaintiff to serve a legal notice, and subsequently file a suit for specific performance to compel the DDA to execute the lease deed (!) (!) .

  4. The DDA admitted the allotment but contended that allotment alone did not confer rights unless the eligibility criteria were satisfied. The DDA argued that the plaintiff owned property that was used for commercial purposes, which disqualified him from eligibility (!) (!) .

  5. The court emphasized that proving readiness and willingness is a mandatory requirement for claiming specific performance, and the plaintiff did not consistently demonstrate such readiness or willingness at all relevant times (!) (!) .

  6. The court also considered the impact of policy modifications, including the change effective from 02.01.1979, which restricted reservation benefits to specific categories. The court found that the plaintiff's ownership of property at Katra Baryan, which was used commercially, disqualified him under the revised eligibility criteria (!) (!) (!) .

  7. The evidence revealed discrepancies and a lack of clear documentation regarding the application process, the formal allotment, and the communication of the allotment to the plaintiff, raising doubts about the existence of a concluded agreement for specific performance (!) (!) .

  8. The court observed that the plaintiff's claims of being ready and willing, based on conduct and correspondence, were insufficient because the essential terms of the contract were not clearly established and the property was not definitively allotted or transferred to him (!) (!) .

  9. The court noted that the plaintiff had requested a change of plot after the initial allotment, which indicated a rejection of the original plot, further undermining the claim of a concluded and enforceable agreement (!) (!) .

  10. Ultimately, the court held that the procedural and substantive evidence did not support the claim for specific performance, particularly due to the lack of proof of a valid, concluded contract and the plaintiff's failure to satisfy the eligibility criteria at the relevant time (!) (!) .

  11. The appeal was dismissed with costs, reaffirming that the plaintiff did not meet the necessary legal requirements to enforce the contract for the plot in question (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


Judgment :

Pratibha Rani, J

1. Late Sh.Satya Narain Bansal filed CS(OS) No.1841/1985 against DDA seeking a decree for specific performance to execute the necessary perpetual lease deed in favour of the appellant in respect of Plot No.216, Block No.B-4, Safdarjung Development Area, New Delhi, measuring 200 sq.yds. approximately.

2. Vide impugned judgment, the learned Single Judge, on finding that the Appellant (Plaintiff in the Civil Suit) failed to prove that he was ready and willing to perform his part of the obligation, dismissed the suit.

3. The facts, as pleaded in the Civil Suit, reveal that Sh.Satya Narain Bansal, in his capacity as Chairman of Municipal Corporation of Delhi applied to DDA on 02.08.1978 for allotment of a plot under the policy No.18011(11)/66-UD dated 05.02.1970 framed by the Government reserving 5% of the plots for sitting Members of Parliament, Members of Metropolitan Councils and Delhi Municipal Corporation as well as nonofficial members of the Cantonment Board and NDMC.

4. Vide communication dated 09.02.1979, DDA informed the decision to allot a plot to the Appellant measuring 200 sq.yds. in Safdarjung Residential Scheme requiring him to intimate if it






































































































































































































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