RFA(OS) 7/2011

Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: April 25, 2022

Decided on: July 08, 2022

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CM(M) NO. 51983 OF 2018 IN RFA(OS) NO. 7/2011

KRANTI ARORA

..... Appellant

Through:

Mr.

Rajiv

Dutta,

Senior

Advocate with Mr. Siddharth

Dutta, Advocate.

Vs.

DIGJAM LTD

..... Respondents

Through:

Mr. Ramesh Singh, Senior

Advocate with Ms. Bharati

Budeshra and Mr. Sanjiv K.

Jha, Advocates.

O.P. Khaitan (HUF)

Through its Karta

Sh. Gautam Khaitan ..... Applicant

Through:

Mr. Ramesh Singh, Senior

Advocate with Ms. Bharati

Budeshra and Mr. Sanjiv K.

Jha, Advocates.

%

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT

SUDHIR KUMAR JAIN, J

CM(M) NO 51983 OF 2018 (Application for Impleadment).

1. This order shall decide an application under Order I Rule 10(2) read

with Order I Rule 8A and section 151 of the Code of Civil Procedure,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002557

RFA(OS) 7/2011

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1908 (hereinafter referred to as “the CPC”) filed by the applicant

O.P.Khaitan (HUF) for impleadment.

2. The factual background as appearing from record and necessary to

mention to decide present application is that R.B.S. Basakha Singh

was lessee of piece of plot admeasuring 1.398 acres bearing no 6-A,

block no. 11, known as 3& 4, South End Road Lane, New Delhi-

110001 vide registered perpetual lease deed dated 04.11.1942

effective from 23.04.1929 executed between Governor-General in

Council and R.B.S. Basakha Singh. R.B.S. Basakha Singh transferred

right, title and interest in respect of said plot along with built up

structure thereon in favor of his daughter namely Bibi Barrinder Kaur

(now known as Birender Amarjit Singh) vide registered Gift Deed

dated 14.04.1947. Birender Amarjit Singh transferred rights, title and

interest in respect of one-half share in said plot in favor of her son

namely Inder Vijay Singh and two daughters namely Tavleen Singh

and Udaya Hardev Singh vide Gift Deed dated 25.03.1971.

3. M/s General Marketing and Manufacturing Company Ltd.

(GMMCL) was a tenant in respect of said plot/property. Birender

Amarjit Singh entered into an agreement dated 23.07.1971 with

GMMCL vide which GMMCL had agreed to vacate said plot/property

with condition that after reconstruction of said plot/property, GMMCL

would be inducted as tenant in respect of a flat measuring 1800 sq.

feet on the 9^th floor @ monthly rent of Rs. 1300/- and said agreement

was made to be valid for period of 10 years only from the date of

handing over of the possession of the flat in the new building

complex. Birender Amarjit Singh, Inder Vijay Singh, Tavleen Singh

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002557

RFA(OS) 7/2011

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and Udaya Hardev Singh also entered into a Collaboration Agreement

dated 08.09.1979 with M/S Kailash Nath & Associates for building

and development of multi-story Group Housing Scheme (Gauri

Apartments) on said plot with rights to M/S Kailash Nath &

Associates to sell and dispose of residential flats to be constructed on

said plot.

4. GMMCL after reconstruction of building initiated legal proceedings

against Birender Amarjit Singh & others and entered into an

agreement dated 21.08.1984 before the Supreme Court in Civil Appeal

No 2684-85 of 1984 whereby Birender Amarjit Singh, Inder Vijay

Singh, Tavleen Singh and Udaya Hardev Singh had agreed to hand

over a flat measuring 1800 sq. feet to GMMCL and accordingly the

Civil Appeal was disposed of vide order dated 21.08.1984. GMMCL

entered into Deed of Assignment dated 30.11.1987 with O. P. Khaitan

(HUF) i.e. applicant whereby assigned its right in respect of the said

flat to the applicant and thereafter, the appli