Pre-emption in suit property not maintaible as not filed by eligible plaintiff.

Facts in Brief:

1. Plaintiff alleged that it had a right of pre-emption with respect to the suit property in terms of an Agreement to Sell entered into between the plaintiff and defendant for the suit property.

2. Plaintiff in the plaint asserted with respect to existence a right of pre-emption in favour of the plaintiff and hence the consequential prayers for cancellation of the subsequent sale deed executed by the defendant no.1/original owner in favour of the defendant no.2/purchaser in violation of the prior rights of pre-emption of the plaintiff under the Agreement to Sell.

3. Plaintiff made averments of both oral and written agreements.

HC held as under:

4. It is held that since the Agreement to Sell relied upon by the plaintiff was entered into by Sh. M.K. Jalan having a right of pre-emption of the suit property, the present suit which is filed by the plaintiff/M/s Keventer Agro Limited is not maintainable as rights under the Agreement to Sell dated 3.8.2010 are only and only of Sh. M.K. Jalan and not the plaintiff/Company.

5. Accordingly, it is held that the plaintiff has no locus standi to seek the benefit of the Agreement to Sell dated 3.8.2010 and the suit in view of the provisions of Order XIV Rules 1 and 2 CPC, Order XII Rule 6 CPC and Section 2(2) CPC is dismissed with respect to all the reliefs claimed except the right of claiming of money decree on account of damages of Rs. 60,29,254/- and with respect to which the suit will proceed ahead.

Case Reference-M/S Keventer Agro Limited vs M/S Kalyan Vyapar Pvt. Ltd. & Anr

IN THE HIGH COURT OF DELHI AT NEW DELHI