JUDGEMENT
D.K. Kapur, J. -
(1.)This appeal is directed against ajudgment dated 2nd November, 1981. deciding Suit No. 373/67 (on the Original Side of this Court). The Suit in question was instituted by three residents of Model Town, Delhi, to claim a declaration and injunction concerning some land situated in Model Town. It maybe recalled that Model Town was developed as a colony by M/s. Delhi Land and Finance Private Limited. The name of that company was changed later to DLF United Private Limited and now the present appellant is DLF Universal Limited, which is described as the successor company. In that colony, plots were sold to various persons for building their private houses. In the lay-out plan of the colony, certain land had been set aside for various purposes, such as streets, parks, schools, markets, and. so on. Two of the sites which were shown as 'ear-marked for public building' and measured 05 were the subject-matter of the Suit from which this appeal has arisen.
(2.)These two plots were sold by DLF (for short) to M/s. Lal Chand Public Charitable Trust by a sale-deed dt. 28th October, 1965. In the Suit, the trustees of that Trust are impleaded as defendants Nos. 12, 13 and 14. The said trustees had executed a lease-deed dated 30th September, 1966, in favour of Jain Sabha Dharamarth Trust and Aggarwal Dharmarth Trust concerning one of the plots. The trustees of these Trusts are impleaded as defendants No. I toll in the Suit. The remaining defendant is the Delhi Land and Finance Private Limited. The other plot was retained by the Lal Chand Public Charitable Trust.
(3.)As discussed in the judgment under appeal, the question in the Suit was whether M/s. DLF were entitled to sell land which was ear-marked for public building in the lay-out plan. According to the learned Single Judge, the car-marking of the land in this manner created a trust and M/s. DLF were not entitled to sell the land. It is also the undeniable case that the land was sold for a sum of Rs. 10,000.00 .
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.