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CASE NO.:

Appeal (civil) 3281-3282 of 2002

PETITIONER:

JASKIRAT DATWANI

Vs.

RESPONDENT:

VIDYAVATI & ORS.

DATE OF JUDGMENT: 03/05/2002

BENCH:

Syed Shah Mohammed Quadri & S.N. Variava

JUDGMENT:

WITH Civil Appeal No. of 2002[Arising out of SLP (C) No. 16183 of

2000]

J U D G M E N T

S. N. VARIAVA, J.

1) Leave granted.

2) Heard parties.

3) Briefly stated the facts are as follows:

One Lt. Dina Nath Ahluwalia filed Suit No. 2248 of 1985, against

Respondents 7 to 9 (herein). In the Suit the said Lt. Dina Nath

Ahluwalia claimed that he has become the absolute owner of the

Annexe Building on land measuring 163 Sq. Metres in No. 6, Friends

Colony (West), New Delhi together with easementary rights and

passages. The claim to ownership was based on a Will dated 28th

August, 1984 executed by the then owner of the property one

Rajeshwari Devi. Respondents 7 to 9 claimed to have inherited this

property through the same Smt. Rajeshwari Devi but by a will dated

23rd May, 1982.

4) An interim application seeking an injunction against Respondents

7 to 9 restraining them from transferring or alienating the annexe in

question was also filed. Initially, an order of status quo came to be

passed. Pending this application (and the suit) Respondents 7 to 9

sold this property to the Appellant (herein) by a Conveyance dated

25th September, 1986. The said Conveyance, inter alia, provides as

follows:

"E) The said entire property at present suffers from the

following encumbrances :-

i) portion shaded in red on the annexed plan B is

the subject matter of Suit No. 2348/85 in the

Delhi High Court filed by one Shri Dina Nath

Ahluwalia against the Vendors whereby Shri

Dina Nath Ahluwalia has raised disputes of title

to and possession of the construction (annexe)

and to the appurtenant land comprised within

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the said shaded area (red) under and by virtue

of a purported Will of Smt. Rajeshwari Devi

purporting to Rajeshwari Devi purporting to

bequeath the construction comprised within

the shaded portion and the land underneath

the said portion to the said Shri Dina Nath

Ahluwalia. By orders dated 13.12.85 the

Hon’ble High Court has restrained the Vendors

from alienating or transferring the said

construction (annexe) and has order status

quo regarding possession of Shri Dina Nath

Ahluwalia therein as well as in the portion of

land comprised within the said shaded area.

xxx xxx xxx

F. The Vendors had in terms of Agreement for Sale

dated 1st September, 1986 agreed to sell and the

purchasers had agreed to purchase from the Vendors the

said entire property inclusive of the encumbrances

described in (E) above on the terms and conditions stated

therein with the clear understanding that without in any

manner limiting the Vendors obligation to transfer the said

entire property to the purchasers, in view of the

encumbrances detailed in (E) above, the Vendors shall

fulfill their said obligation in two stages i.e. by transferring

in the first instance all that portions of the said entire

property which is not covered by the encumbrances

enumerated in paragraphs E(i) and (ii) and in the second

instance by the Vendors transferring by a conveyance,

relinquishment deed or otherwise the portions in the said

entire property presently covered by the encumbrances

enumerated in paragraph E(i) and (ii) above after and if

and as soon as the Vendors are legally competent to

transfer the said portions, although the balance of the

agreed consideration of Rs. 79,00,000/- (Rupees seventy

nine lakhs only) for the said entire property (excluding

stamp duty and expenses in connection with the transfer

which are to be borne by the Purchasers) after reducing

the sum of Rs. 2,40,000/- (Rupees two lakhs forty

thousand only) already paid i.e. Rs. 76,60,000/- (Rupees

seventy six lakhs sixty thou