9911796707
|
Home
Issues:
1. Interpretation of lease agreement terms regarding the final price determination for settlement of properties. 2. Maintainability of the suit in a representative capacity under Order 1, Rule 8 of the Code of Civil Procedure. Interpretation of Lease Agreement Terms: The case involved a dispute arising from a Housing Scheme where the appellant-Board settled residential plots to various groups, including low-income groups. The lease agreement mentioned that the final price for the property would be determined by the Administrative Officer of the Lessor within three years from the date of allotment, considering various factors like development charges and cost of amenities. The appellant made fresh demands after a decade, including excess compensation awarded for acquired lands. The High Court held that the Board could determine the additional demand for excess compensation separately but granted a decree for injunction for the entire demand as it was not split. The Supreme Court agreed with the High Court's decision, emphasizing the Board's delay in determining the final amount and allowing for a fresh additional demand for excess compensation. Maintainability of Suit in Representative Capacity: The appellant challenged the maintainability of the suit in a representative capacity under Order 1, Rule 8 of the Code of Civil Procedure. The argument was that since each allottee faced separate demands, the Rule did not apply, and only those served with demands should file separate suits. However, the Supreme Court clarified that Order 1, Rule 8 aims to prevent multiplicity of litigation by allowing suits where persons have a common interest or grievance. In this case, all allotments were under the same Scheme, and the impugned demand applied to all allottees, justifying the plaintiff's representative action. The Court highlighted that the Rule does not require the same cause of action and dismissed the appeal, affirming the trial court's decision to permit the suit in a representative capacity. In conclusion, the Supreme Court upheld the High Court's decision regarding the interpretation of lease agreement terms and the maintainability of the suit in a representative capacity under Order 1, Rule 8. The Court emphasized the importance of avoiding repeated litigation and clarified the applicability of the Rule to cases with a common interest among the parties involved.
|
