RSA No.203/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RSA 203/2018 & CM APPL. 51770/2018

Judgment reserved on : 10.12.2018

Date of decision: 04.08.2021

PUNIT BERIWALA

..... Appellant

Through:

Mr.Jagdeep Anand, Advocate.

versus

DEEPAK KAPOOR & ORS

..... Respondents

Through:

Mr.Joy Deep Sharma, Advocate.

For R-1 for the caveator.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J.

1.

The present regular second appeal has been filed by the

appellant herein i.e. Shri Punit Beriwala who was arrayed as the

defendant no.3 in Suit No.17/2016 before the learned Civil Judge in a

suit filed by the plaintiffs thereof, Raj Kumar Kapoor and others

against the Sarvapriya Cooperative House Building Society Ltd.

arrayed as the defendant no.1 with the DDA arrayed as the defendant

no.2 and the plaintiff nos. 1 to 5 namely Shri Raj Kumar Kapoor, Shri

Maharaj Kumar Kapoor, Shri Sanjay Kapoor, Shri Subhash Chopra

Through Attorney Shri Sukhdev Raj Vohra, Shrimati Shakuntla

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RSA No.203/2018

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Bhandari and defendant nos. 4 to 8 namely Shri Ram Kumar Kapoor,

Shri Krishna Kumar Kapoor, Shrimati Vimal Kapoor, Miss Pranav

Kapoor, Shrimati Rashmi Nagrath being the legal heirs of late

Shrimati Dhan Devi Kapoor, a member of defendant no.1 i.e. the

Sarvapriya Cooperative House Building Society Ltd. who had been

allotted a plot No.10/11 measuring 290 square yards in the land leased

out to her by the defendant no.2 i.e. the Delhi Development Authority

(DDA), Cooperative Societies Cell Vikas Sadan, I.N.A Market, New

Delhi for which she had paid through her lifetime the full

consideration of Rs.19,497 at the rate of Rs.65 per square yards i.e. at

the rate of which the plot had been allotted to her in the first instance.

2.

The said suit no.17/2016 had been filed by the plaintiff nos. 1 to

5 seeking a declaration to the effect that Shrimati Dhan Devi Kapoor

was the rightful owner and allottee of Plot No. 10/11 in village Serai

Shah Ji, now known as Sarva Priya Vihar, New Delhi, and after her

demise on 12.04.1980, the plaintiffs No. 1 to 5 and the defendants No.

4 to 8 being her heirs and legal representatives were entitled to be

substituted in her place in the records of the defendants No. 1 and 2

and sought that a sub-lease executed and registered in the name of

defendant No. 3 by the defendant No. 1 was illegal and void and not

binding on the plaintiffs No. 1 to 5 and the defendants No. 4 to 8. A

further prayer was made by the plaintiffs to the effect that a mandatory

injunction be issued to the defendant nos.l and 2, ordering them to get

executed and registered the sub-lease of the plot in question in favour

of the Plaintiffs No. 1 to 5 and defendants No. 4 to 8 in the ratio of

1/7^th each to the Plaintiffs No. 1,2,4 and 5 and the defendants No. 4

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RSA No.203/2018

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and 5 and one seventh collectively in the name of defendants No. 6 to

8 and Plaintiff No. 3, against the payment of the balance sum of

Rs.7823.00. A further prayer was made by the plaintiffs to the effect

that a permanent injunction be also issued restraining the defendants

nos.1 to 3 from in any manner interfering or claiming any right in the

Plot in question.

3.

As per the facts brought forth through the record and also

reproduced in the impugned judgment dated 29.08.2018 of the learned

ADJ, South in the first appeal bearing RCA No.62/2017 that had been

filed by the appellant Deepak Kapoor son of Raj Kapoor against the

order dated 19.02.2017 of the Court of the learned Civil Judge

whereby the Civil Suit No.17/2016 seeking the decl