Delhi High Court
Sanjay Maan vs Tilak Raj Arya And Anr on 6 October, 2021
$~11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.10.2021
+ FAO 89/2021
SANJAY MAAN ..... Appellant
versus
TILAK RAJ ARYA AND ANR. .....Respondents
Advocates who appeared in this case:
For the Appellant: Ms. Stuti Gupta, Advocate.
For the Respondent: Mr. Alok Kumar, Senior Advocate with Ms. Manisha
A. Narain, Mr. Amit Kumar Singh and Mr. Varun
Maheshwari, Advocates for R-2
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Appellant impugns order dated 06.11.2020 whereby the application
of the applicant under Order XXXIX Rules 1 and 2 cpc has been dismissed.
3. Appellant alleges to have entered into an agreement to sell dated
13.03.2020 with respondent No.1 for purchase of third floor (right side)
with complete roof rights of property bearing number C-68, Freedom
Fighters Enclave, Neb Sarai, New Delhi for a total sale consideration of
Rs.45 lakhs. As per the appellant, appellant had paid the entire sale
FAO 89/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
consideration of Rs.45 lakhs to respondent No.1 and possession was
delivered to the appellant and presently is occupied by a tenant of the
Appellant.
4. It is contended by learned counsel for appellant that there was a
collaboration agreement dated 03.03.2014 between the recorded owner of
the of the property and respondents No.1 and 2, whereunder respondents
No.1 and 2 were to construct inter alia the subject building, which was to
come to their share.
5. As per the appellant, a 'No Objection Certificate' dated on
13.03.2020 was provided by respondent No. 1 as having been issued by
respondent No.2, giving no objection to respondent No.1 to sell his share of
the third floor, which has been sold to the appellant.
6. Learned counsel for the appellant submits that after the impugned
order was passed, respondent No.1, in the trial court, has filed an MOU
dated 22.11.2016 whereunder also the respondent No.1 had exclusive right
to the said third floor.
7. Learned counsel for the appellant submits that respondent No.1 has
not disputed any of the documents and has rather supported the case of the
appellant.
8. Learned senior counsel for the respondent No.2 disputes the 'No
Objection Certificate' dated 13.03.2020 and the MOU dated 22.11.216. He
submits that appropriate Written Statement has already been filed to the suit
Plaint and the Suit raises several disputed questions of fact.
FAO 89/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. He, however, without prejudice, undertakes on behalf of the
Respondent No. 2 that during the pendency of the suit, respondent No.2
shall not create any third party rights in the subject property or dispossess
the appellant or his tenants from the subject property, except in accordance
with law.
10. The undertaking is accepted.
11. In view of the above statement, impugned order dated 06.11.2020 is
set aside. The appeal is disposed of, restraining the respondent No.2 from
creating any third party rights in the subject property or dispossessing the
appellant or his tenants from the subject property, except in accordance
with law.
12. It is clarified that nothing stated herein shall amount to an expression
of opinion on merits on the case of either party and would be without
prejudice to the respective rights and contentions raised in the Suit.
13. Copy of the Order be uploaded on the High Court website and be
also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
OCTOBER 06, 2021
NA
FAO 89/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:06.10.2021
Signing Date:07.10.2021 08:35:11 23:24
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
