Sh. Sandeep Gupta vs Sh. Ramesh Chand Aggarwal And ...
2000 Latest Caselaw 913 Del

ORDER

KHAN, (J).

1. Plot No. K-259, Kohat Enclave, Pitampura, Delhi is at the centre of controversy. The plot was allotted to one Sh. Shiv Raj Diwan by Kohat Cooperative Society but was allegedly sold to petitioner for consideration who claims to have raised construction on it. Meanwhile membership of original allotee was terminated and his allotment cancelled.

2. Petitioner filed Suit No. 146/88 for permanent injunction for restraining defendants from interfering in his peaceful possession of the plot and the building. While his his suit was pending DDA announced a scheme for conversion of leasehold rights into freehold in 1993. According to petitioner he also sought benefit under the scheme and his case was pending consideration. Pursuant thereto he sought amendment in his suit in 1997 to incorporate the plan that he had applied for conversion of leasehold into freehold which was pending consideration of DDA.

3. Trial court dismissed his application on the ground that once original allotees allogment of plot stood cancelled on 27.4.1988 which had gone unchallenged, amendments sought by him was neither necessary nor relevant for the disposal of the suit.

4. In my view trial court had rightly dismissed petitioner's application. I see no infirmity or illegality in the order on the simple logic that petitioner derived his status/rights etc. from original allottee and once original allottee's allotment was cancelled which he had failed to challenge amendment sought by him was futile.

5. This petition accordingly fails and is dismissed.