Point of Law : Since there are concerted efforts made to change the building bye-laws that are applicable albeit so that the current limitation of construction are done away with; and it is only a matter of time when such changes take place, which in effect lead to the increase in the constructed area therefore the appellant should be entitled to equal amount in the FAR as and when the same takes place.

JUDGMENT :

V. Kameswar Rao, J.

CM Nos. 12684/2019, 12686/2019, 31554/2021, 41489/2021 & 43389/2021

PREFACE:

1. The background leading to the filing of the above applications is as follows :

i. The RFA 554/2018 stems out of the judgment dated March 12, 2018 of the Addl. District Judge-8 (Central), Tis Hazari Courts, Delhi in the inter-connected suits bearing nos. 12608/2016 and 16909/2016 (‘impugned judgment’, hereinafter). Suit bearing no. 12608/2016 was a suit for partition, permanent injunction and rendition of accounts filed by Preeti Pratap Singh (appellant). The suit bearing no. 16909/2016 had been filed by Kiran Raj Bisaria (respondent) seeking reliefs of possession and permanent injunction. The appellant and the respondent are sisters, i.e., they are both daughters of Rani Prem Kumari and Raja Pratap Singh.

i. The Trial Court decreed the Suit no. 16909/2016 on March 12, 2018 in favour of the respondent granting possession, mesne profits and permanent injunction of the suit premises being second floor (barsati floor) of the property bearing no. 113, Sunder Nagar, New Delhi (‘suit property’, hereinafter).

ii. The appellant filed the above appeal seeking setting aside of judgment and decree dated March 12, 2018. However, while this Court was in the process of adjudicating this appeal, the parties agreed to settle the matter. This Court while hearing the appeal on August 30, 2018 had by recording the terms of the settlement passed a consent order and disposed of the appeal. The relevant part of the order is reproduced as under:

“2. The subject suit which was decided by the impugned judgment dated 12.3.2018 was a suit filed by the respondent/plaintiff seeking possession of the suit property in terms of the Will dated 16.11.1992 of the father late Raja Partap Singh. The suit property is the barsati floor/second floor of the property bearing no. 113, Sunder Nagar, New Delhi. This suit for possession and mesne profits filed by the respondent/plaintiff has been decreed in favour of the respondent/plaintiff and against the appellant/defendant in terms of the impugned judgment, and which impugned judgment also decides a connected suit filed by the appellant herein (as plaintiff) seeking partition of the properties of her father including the property no.113, Sunder Nagar, New Delhi.

3. In the suit filed by the present appellant seeking partition of the properties of the father, there are various other properties and issues involved, besides the property no.113, Sunder Nagar, New Delhi, and with respect to which other properties a judgment is being passed today. By this order that part of the suit filed by the appellant/plaintiff with respect to partition of the properties of her father being Suit No. 2414/1994 (new number 12608/2016) as regards the property 113, Sunder Nagar, New Delhi, and the suit filed by the respondent/plaintiff for possession of the suit property being the second floor/barsati floor of the property no.113, Sunder Nagar, New Delhi being Suit No. 126/2004 (new number 16909/2016), are as per an agreement/compromise between the appellant/Smt. Preeti Pratap Singh and the respondent/plaintiff Smt. Kiran Raj Bisaria, being disposed in terms of the below stated consent order:-

(i) It is agreed that the respondent/plaintiff Smt. Kiran Raj Bisaria is the owner of the suit property being the barsati floor/second floor of the property bearing No.113, Sunder Nagar, New Delhi.

(ii) Appellant/defendant does not dispute the ownership of the suit property being the barsati floor/second floor of the property bearing No.113, Sunder Nagar, New Delhi being of the respondent/plaintiff Smt. Kiran Raj Bisaria, and consequently the appellant/defendant will handover actual physical vacant possession of the suit property being the barsati floor/second floor of the property no.113, Sunder Nagar, New Delhi to Smt. Kiran Raj Bisaria on or before