DDA v. Joginder Kaur and Ors

V.B.GUPTA, J. Bisht

* HIGH COURT OF DELHI : NEW DELHI RFA No. 96 of 2009 & CM No.4119 of 2009 % Judgment reserved on:14th May, 2009 Judgment delivered on:30th May, 2009 Delhi Development Authority Through its Vice Chairman Vikar Sadan, INA Colony, New Delhi. ….Appellants Through: Mr.Manoj Kumar Singh, Adv. Versus 1. Mrs.Joginder Kaur W/o Sardar Sohan Singh R/o Flat No.435, Ground Floor, Pocket C-8, Sector-8, Rohini, Delhi-110085. 2. Shri S.P.Papneja S/o Late Gyan Chand Papneja R/o A-23, Mohan Park. Naveen Shahdara, Delhi. 3.Shri Jugal Kishore S/o Shri Om Prakash R/o UU 33, Pitampura, Delhi. 4.Shri Vijay Kumar S/o Shri Suraj Bhan R/o 5/42, Punjabi Bagh, New Delhi. …Respondents. Through: Nemo. Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. This appeal has been filed by the appellant against the judgment and decree dated 15th October, 2008 passed by Addl. District Judge, Delhi, vide which suit filed by respondent No.1 Smt. Joginder Kaur, was decreed for declaration as well as injunction. 2. Brief facts of this case are that, respondent No.1 filed a suit alleging that originally, flat No.435, Pocket C-8, Sector-VIII, Rohini, Delhi was allotted to respondent No.2 on 23rd November, 1987 at total cost of Rs.1,29,135.32p. Possession letter was issued in favour of respondent No.2 on 24th March, 1988 and actual possession was taken by him on 18th April, 1988. 3. Respondent No.2, sold the aforesaid flat to respondent No.3, on 22nd April, 1988 and executed the documents in his favour. Total sale consideration was Rs.1,36,000/- and possession of the flat was also transferred to respondent No.3. 4. Respondent No.3, sold the aforesaid flat to respondent No.4 on 31st May, 1988 for a consideration of Rs.1,45,000/- and executed necessary documents. 5. Respondent No.4, thereafter, sold the aforesaid flat to respondent No.1, on 20th November, 1989 for total consideration of Rs.1,50,000/-. Respondent No.4 executed Agreement to Sell, General Power of Attorney in favour of Sh. Onkar Singh, son of respondent No.1. Possession of the flat was also given to respondent No.1 on 20th November, 1989. 6. After taking possession, on 20th November, 1989, respondent No.1 has, consistently been in a peaceful and uninterrupted manner, living at the aforesaid premises. 7. Appellant, in year 1992-93, advertised a scheme for conversion of lease-hold properties including lease hold flats into free hold. As per said scheme, persons who had purchased flats on the basis of Power of Attorney etc. were also permitted to get the flat converted from lease hold into free hold in their own names subject to their paying 33.5% extra which was over and above the conversion fee to be paid normally by a person. 8. Respondent No.1, applied for conversion of the aforesaid lease hold flat to free hold flat with appellant on 12th December, 1994. On said date, first instalment of Rs.4,411/- was also deposited by respondent No.1, towards the payment of conversion fee and balance amount of Rs.12,750/- had been deposited by respondent No.1, on 5th August, 1995. 9. Respondent No.1 wrote two reminders on 30th June, 1995 as well as on 14th July, 1995, to the appellant, requesting them that the aforesaid flat may be transferred in her name, after conversion into free hold at the earliest. However, the same has not been done till date. 10. On 16th June, 1995, some official of appellant pasted a letter purporting to be a show cause notice having been issued to the original allottee, respondent No.2. 11. Respondent No.1, wrote a letter to the appellant intimating them that the flat in question has been sold by respondent No.2 and thereafter, it has been purchased by respondent No.1 on 22nd November, 1999 and she is the bonafide purchaser of the flat in question and, therefore, the allotment cannot be cancelled. It was also point