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2010 Supreme(SC) 304

G.S.SINGHVI, ASOK KUMAR GANGULY
Karam Kapahi – Appellant
Versus
Lal Chand Public Charitable Trust – Respondent


Advocates Appeared:
For the Appearing Parties :Ravi Shankar Prasad and Soli J. Sorabjee, Sr. Advocates, Sandeep Narain (For M/s. S. Narain & Co.), Manu Nair (For Rajiv Nanda), Anand Misra, Ms. Ekta Kapil, Gaurav Chauhan, Sudhanshu Goil and Bikash Mohanty (For Ms. B. Vijayalakshmi Menon), Advocates.

Judgement Key Points

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

  1. The case involves a dispute over a lease agreement, with the Trust asserting ownership and the Club challenging the title and non-payment of rent. The Trust filed a suit for possession and damages due to default in rent payments by the Club (!) (!) .

  2. The Club admitted to executing the lease and sub-lease agreements but disputed the Trust's ownership rights over the property (!) (!) .

  3. The Trust issued multiple notices demanding rent and ultimately terminated the lease due to non-payment. The Club acknowledged receipt of notices but failed to pay the arrears (!) (!) (!) .

  4. The Club filed multiple suits and applications challenging the Trust’s rights, with some proceedings being dismissed for default or on merits. The Court observed dilatory tactics and negligence on the part of the Club (!) (!) (!) (!) .

  5. The Court held that the Club's conduct, including its inconsistent pleas and delay tactics, disqualifies it from equitable relief and discretionary remedies (!) (!) (!) .

  6. The Court emphasized that the principles of speedy judgment and the doctrine of admissions under Order 12 Rule 6 are applicable, given the clear admissions made by the Club regarding non-payment and acknowledgment of the Trust’s ownership (!) (!) (!) .

  7. The Court found that the Club, having taken inconsistent positions—denying the Trust’s title while seeking relief under the same lease—has engaged in approbation and reprobation, which is legally impermissible (!) (!) .

  8. The application of the doctrine of election and principles of estoppel under applicable laws support the conclusion that the Club cannot challenge the Trust’s ownership rights after admitting to the lease and defaulting on rent payments (!) (!) .

  9. The Court dismissed the appeals, affirming the lower court’s judgment, and noted that the Club’s conduct and procedural tactics justify denial of discretionary relief under constitutional provisions (!) (!) .

  10. The Court imposed costs on the Club for dilatory tactics and upheld the judgment of the High Court, reinforcing that the jurisdiction under Article 136 is exercised with caution and only in appropriate cases (!) (!) .

  11. Overall, the Court concluded that the conduct of the Club, including neglect, delays, and inconsistent pleas, disqualifies it from equitable relief and discretionary remedies, leading to the dismissal of the appeals (!) (!) (!) .

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


Judgment

Ganguly, J.

Leave granted in both the petitions, being SLP(C) No. 9080/2009 filed by Karam Kapahi and three others and SLP(C) No. 9091 of 2009 filed by M/s South Delhi Club Ltd.

2. Both the appeals impugn the judgment and order dated 9.1.2009 passed by a Division Bench of Delhi High Court in RFA (OS) No. 34/2002.

3. In the appeal filed by Karam Kapahi, Sujit Madaan, Anup Malik and Neeraj Girotra, it is asserted that as members of the M/s South Delhi Club Ltd. (hereinafter referred to as the 'Club') they are directly affected by the judgment and decree passed in Suit (Suit No. 518 of 1999) filed by the respondent Trust. Challenging the judgment and decree in the suit, Appeal RFA (OS) No. 34 of 2002 was filed by the Club. Their main contention in the SLP is that they were not parties to the Suit but they may be affected by the orders passed therein. On such representation a Bench of this Court by an order dated 9.4.2009 permitted them to file a special leave petition and also issued notice and stayed further proceedings for the execution of the judgment and decree of the High Court.

4. About a fortnight thereafter, the Club filed another Special leave petition (C) No. 9091/2
























































































































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