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Civil · Reportable judgment

Delhi Development Authority vs S.G.G. Towers (P) Ltd. & Ors.

Court
Supreme Court of India
Date
7 March 2025
Case No.
Civil Appeal No. 1972 of 2011
Result
Dismissed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 3 S.C.R. 779 : 2025 INSC 337
Supreme Court Reports [2025] 3 S.C.R. 779 : 2025 INSC 337
Issue for consideration
Appellant-DDA executed an agreement to lease in respect of a plot in favour of M/s Mehta Constructions, which executed a registered sale deed cum Assignment in favour of second respondent. The second respondent went into liquidation, and the plot was sold to first respondent in the auction in liquidation proceedings. The auction sale was confirmed by a Single Judge and Division Bench of the High Court, hence, the present appeal by DDA.
Headnote

Auction – Agreement to lease executed by Appellant in respect of a plot in favour of M/s Mehta Constructions – However, lease in terms of such agreement was never executed – Subsequent sale deed executed by M/s Mehta Constructions in favour of second respondent – Second respondent went into liquidation, and the plot was sold to first respondent in the auction in liquidation proceedings on “as it is basis” – Whether first respondent entitled to any right in respect of the plot: Held: It is an accepted position that the lease was never executed by the appellant in favour of M/s Mehta Constructions, and no rights, title, and interest were created in favour of M/s Mehta Constructions in respect of the said plot – Therefore, at the highest, the second respondent, by virtue of the sale deed dated 15th February 1985, executed by M/s Mehta Constructions, can claim benefits under the lease agreement, provided in law, the second respondent is entitled to it in accordance with law – As far as auction conducted in liquidation proceedings of the second respondent is concerned, the notice of proclamation itself records that the sale of the said plot was on “as it is basis” – Moreover, the order dated 19th October 2001 of the Company Judge makes sale absolute in favour of the first respondent – Therefore, the first respondent will get only those rights which M/s Mehta Constructions had under the lease agreement, provided the rights can be claimed at this stage – The first respondent is not entitled to either ownership or leasehold rights in respect of the said plot – The first respondent cannot claim to be a lessee as the lease in terms of the lease agreement was never executed – At the same time, if according to the case of the appellant, M/s Mehta Constructions had committed breach of the lease agreement, notwithstanding the impugned orders, it will be always open for the appellant to adopt appropriate remedy for recovery of possession and/or recovery of unearned income against the first respondent – If the first respondent desires to get the transaction regularised, it is for the first respondent to apply to the appellant to accept unearned income or any other amount – If such a request is made, the appellant will consider the same in accordance with the law. [Paras 11, 12, 14, 15]

Keywords: Agreement to Lease · Leasehold Rights · Lease Deed · Delhi Development Authority · Sale Deed · Auction · Liquidation Proceedings · Absolute Sale · As it is basis · Ownership · Lessee · Unearned Income · Creditors

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Bibhuti Bhushan Bose. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. FACTUAL ASPECTS 1. The appellant, Delhi Development Authority (formerly known as the Delhi Improvement Trust), executed an agreement of lease (for short, “the lease agreement”) dated 17th July 1957 in respect of plot no.3 (for short “the said Plot”), measuring 2044.4 sq. yards, situated in Industrial Area Scheme, Najafgarh Road, New Delhi in favour of M/s Mehta Constructions and Industrial Corporation Private Limited (for short, “M/s Mehta Constructions”). On 25th November 1972, M/s Mehta Constructions entered into an agreement to sell with M/s Pure Drinks Private
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