DEEPAK GUPTA vs ASHOK GUPTA AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd APRIL, 2026 IN THE MATTER OF: I.A. 11294/2022 IN + CS(OS) 7/2019 DEEPAK GUPTA .....Plaintiff Through: Mr. Sandeep Jindal and Ms. Akansha Bharti, Advocates for Plaintiff versus ASHOK GUPTA AND ORS. .....Defendants Through: Mr. Anil Pruthi, Advocate for Defendant No.1. Ms. Seema Gupta, Advocates for D-2 &3 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 11294/2022 1. The instant application has been filed on behalf of the Defendant No. 1 under Order VII Rule 11 of the CPC for rejection of plaint. 2. The instant suit filed by the Plaintiff for directing Defendant No.1 to specifically perform his part of the agreement to sell dated 15.06.2018 by transferring the suit property bearing Entire First Floor of House No.76, Sharda Niketan, Pitampura, New Delhi in the name of the Plaintiff through registered sale deed and to hand over the actual vacant physical possession of the suit property to Plaintiff and other consequential reliefs. 3. The facts of the case, as discernible from the Plaint, are as follows:- Signature Not Verified RAHUL SINGH 26.04.2026 18:34 CS(OS) 7/2019 Page 1 of 15 a. Defendant No. 2 is a registered owner of the entire first floor of the House No. 76, Sharda Niketan, Pitampura, New Delhi without roof rights, built up on the land area admeasuring 185 sq. yds. (hereinafter referred to as the “Subject Property”). b. A Collaboration Agreement dated 20.08.2015 has been entered into between the Defendant No. 1 (developer/builder) and Defendant No. 2 for the development of the Subject property and via which Defendant No. 1 has also derived his rights and titles in the Subject property. c. As per Clause 9 of the Collaboration Agreement, the Defendant No. 2 was given the share of upper Grou