I.A. Nos. 3-5 and I.A. D. No. 37212 of 2013 in Civil Appeal No. 8653 of 2012 and I.A. Nos. 12-13 and 14-15 of 2013 in Civil Appeal Nos. 8675-8676 of 2012. Case: Satya Jain (D) and Ors. Vs Anis Ahmed Rushdie (D) th. L.Rs. and Ors.. Supreme Court (India)
| Case Number | I.A. Nos. 3-5 and I.A. D. No. 37212 of 2013 in Civil Appeal No. 8653 of 2012 and I.A. Nos. 12-13 and 14-15 of 2013 in Civil Appeal Nos. 8675-8676 of 2012 |
| Counsel | For Appearing Parties: Shanti Bhushan, S. Ganesh, M.N. Krishnamani, Anoop Choudhary, June Choudhary, Sr. Advs., Aruna Gupta, M.L. Lahoty, Pradeep Aggarwal, Lal Pratap Singh, Umesh Pratap Singh, Brijesh Kumar Singh, Gargi B. Bharali, Ruchi Kohli, R.K. Sanghi, Arun Maitri, Satyendra Kumar, Rajiv Singh, Prashant Kumar, Triveni Patekar, Amulva ... |
| Judges | P. Sathasivam and Ranjan Gogoi, JJ. |
| Issue | Supreme Court Rules, 1966 |
| Citation | 2013 (VI) AD 30 (SC), AIR 2013 SC 3784, 2013 (5) ALD 121, 2013 (98) ALR 910, 2013 (4) AWC 4022 SC, 2013 (136) DRJ 497, JT 2013 (7) SC 422, 2013 (3) RCR 281 (Civil), 2013 (6) SCALE 765, 2013 8 SCC 147 |
| Judgement Date | May 08, 2013 |
| Court | Supreme Court (India) |
Order:
Ranjan Gogol, J.
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Civil Appeal No. 8653 of 2012 and other connected appeals were allowed by this Court by judgment and order dated 3.12.2012. The decree passed by the Appellate Bench of the High Court of Delhi in RFA (OS) No. 11/1984 was set aside and the suit for specific performance filed by the Plaintiffs 1 (since deceased), 2 and 3 was decreed in the following terms:
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We are of the further view that the sale deed that will now have to be executed by the Defendants in favour of the Plaintiffs will be for the market price of the suit property as on the date of the present order. As No material, whatsoever is available to enable us to make a correct assessment of the market value of the suit property as on date we request the learned trial judge of the High Court of Delhi to undertake the said exercise with such expedition as may be possible in the prevailing facts and circumstances.
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All the appeals shall accordingly stand allowed in terms of our above conclusions and directions.
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I.A. Nos. 3-5, 12-13, 14-15 and D. No. 37212 of 2013 have been filed seeking impleadment/clarification/modification/correction of the judgment dated 3.12.2012, in the circumstances noted below.
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I.A. Nos. 3-5 have been filed by one Amit Jain, Rahul Jain and Smt. Aruna Jain contending that during the pendency of the Civil Appeal before this Court, out of total suit property measuring 5373 Sq. Yds., two parcels measuring 1500 Sq. Yds., in all, were sold by Ms. Sameen Rushdie Momen (Respondent No. 1 in Civil Appeal No. 8653/2012 and Respondent IB in Civil Appeals No. 8675-76 of 2012) in favour of the applicants. On the said basis, the applicants seek impleadment and clarification of the judgment dated 3.12.2012 to mean that the successor-in-interest of the original Defendant (late Anis Ahmed Rushdie) i.e. Ms. Sameen Rushdie Momen, has been left with the right of ownership in respect of only 3873 Sq. Yds. of the property situated at No. 4, Flag Staff Road, Civil Lines, Delhi.
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I.A. Nos. 12-13 have been filed by Narender Jain and Arvind Jain (original Plaintiffs No. 2 and 3) seeking the following reliefs:
(a) modify/clarify/correct Paragraphs 29 and 30 of the judgment and order dated 3.12.2012 as mentioned in the present application;
(b) correct the typographical errors in the judgment and order dated 3.12.2012 as mentioned in Paragraph 8 of this application;
(c) pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case.
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In the aforesaid I. As. the applicants have, inter alia, stated that Ms, Sameen Rushdie Momen who is the legal heir/successor-in-interest of the deceased sole Defendant Anis Ahmed Rushdie (by virtue of a Will dated 9.1.1984 executed by Anis Ahmed Rushdie and accepted by the other legal heirs) had executed a irrevocable General Power of Attorney dated 4.11.2010 with consideration in favour of one Fine Properties Private Limited disposing of all her rights, shares and interest etc. in the suit property "as on whereon basis" subject to the following salient terms:
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That, the FIRST-PARTY agrees to absolutely grant to the SECOND-PARTY all his rights, shares, interest, liens, registrations clear-titles, etc. in the un-encumbered plot/property/house bearing No. 4, Flag Staff Road, Delhi-110054 alongwith: unauthorized Occupant/User (i.e. late Sh. BHIKU RAM JAIN): and another unauthorized-Occupant/User (i.e. legal-heirs of late Mr. I.M. Lal): and portion of the property in possession of the FIRST-PARTY.
And the SECOND PARTY has accepted to be the Attorney for the purchase acquisition and possessing of the entire-property, for the total...
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