S & P Infrastructure Developers (P) Ltd v. Usha Devi & Ors

NAVIN CHAWLA, J. MARCH 14, 2023/Ais

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.02.2023 Date of decision: 14.03.2023 + S & P INFRASTRUCTURE DEVELOPERS (P) LTD ..... Plaintiff Through: Ms.Anusuya Salwan, Mr.Bankim Garg & Ms.Sonika Singh, Advs. versus USHA DEVI & ORS ..... Defendants Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. The present suit was originally filed by the plaintiff praying for the following relief:- "21. In view of the above the plaintiff respectfully prays that this Hon'ble Court may be pleased to; A. pass a decree of specific performance directing the defendants to perform the two Receipt cum Agreement to Sell dated 12.10.2013 and convey the title of: (i) Basement floor along with two car parking in stilt in property bearing No. Plot No. 23 at Block 1-,Rangpuri Residential Area, Vasant Kunj. New Delhi. (ii) Third floor along with two car parking in stilt in property Plot No. 23 at Block 1-, Rangpuri Residential Area, Vasant Kunj. New Delhi in favour of the plaintiff. B. And/or if for any reasons this Hon'ble Court comes to the conclusion that the plaintiff cannot be allowed the relief of specific performance of the agreement to sell dated 12.10.2013 then in the alternative the plaintiff submits that recovery / Damages to the tune of Rs.4,65,00,000/- be awarded along with interest up to the date of realization @24% p.a. C. Pass a decree of permanent injunction permanently restraining the defendants, their agents, or assigns, from creating, conveying, transferring any third party rights or otherwise delaying with the suit property. D. Costs be awarded in favour of the plaintiff and against the defendant." 2. On 23.05.2017, the following order was passed by this Court:- "I.A.No.25860/2015 Issue fresh notice to the legal heirs of late Sh.Anar Singh by registered AD as well as dasti, returnable before the Joint Registrar on 04th September, 2017. CS(OS) No.1523/2015 Learned counsel for the plaintiff states that after filing of the present suit, the plaintiff has purchased the suit property in an auction conducted by defendant no.3 under the SARFAESI Act. Consequently, the present suit will survive only as a suit for recovery against defendant nos.1 & 2 as well as the legal heirs of late Sh.Anar Singh. The defendant no.3-State Bank of Travancore is deleted 1 from the array of parties and prayers 'A' and 'C of paragraph 21 are deleted. Let an amended memo of parties and amended plaint be filed within a period of six weeks." 3. In view of the above order, the plaintiff filed an amended plaint, confining its prayer to recovery of an amount of Rs.4,65,00,000/- (Rupees Four Crores Sixty Five Lakhs only) along with interest @ 24% per annum due thereon from the defendants along with the costs of the Suit. CASE OF THE PLAINTIFF 4. It is the case of the plaintiff that Late Shri.Anar Singh and the defendant no.1 (hereinafter referred to as the "Co-Owners") were owners of the property bearing Plot No. 23 at Block-1, Rehabilitation of Evictees from Village Nalgal Dawat, Rangpuri Residential Scheme, Vasant Kunj, New Delhi- 110070 (hereinafter referred to as the "Suit Property") purchased by them by way of a Registered Sale Deed dated 14.08.2012. 5. The Suit Property was a vacant plot of land, and the plaintiff was approached by the co-owners of the Suit Property for construction of a residential building, comprising of four storeys. It was also affirmed by the co-owners in the Construction Agreement dated 17.10.2012 that the suit property was free from all encumbrances and there was no mortgage or lien of any kind on the suit property from any authority, institution, agency, party or person. 6. It is the case of the plaintiff that since the Construction Agreement could not go through due to recession in the market, it was decided by the plaintiff and the co-owners of the suit property that the construction would be carried out by another builder. 7. The plaintiff thereafter entered into two separate Receipt cum Agreements to Sell (hereina