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21. The name of the defendant from VXL Limited to Digjam Limited NEUTRAL CITATION NUMBER: 2023:DHC:2791-DB was allowed to be amended vide Order dated 05.11.2008.
22. The learned Single Judge vide impugned Judgement dated 07.12.2010 on appreciation of the pleadings and the evidence, concluded that GMMCL was a tenant initially in the entire property i.e. South End Lane Plot. Smt. Birinder Amarjit Singh then entered in 1971 Agreement but subsequently tried to renege for which proceedings were initiated which reached the Hon‟ble Supreme Court where a Settlement dated 21.08.1984 was arrived at whereby it was agreed that Smt. Birinder Amarjit Singh would hand over the suit flat admeasuring 1800 sq. yds. located on the first floor which was marked with the red colour in the building plan, to GMMCL or its successors or assignee. It was agreed that the rent of the flat would be the standard rent as determined by the learned ARC, Delhi. In addition, the tenant was given a right to sell, assign, transfer or part with the possession of the flat in favour of corporate body of firm.
NEUTRAL CITATION NUMBER: 2023:DHC:2791-DB
51. By virtue of 1971 Agreement, admittedly GMMCL was given a right to assign, sub-let, transfer or part with the possession of the suit property to any other "Corporate Body" or "Firm". Admittedly, GMMCL assigned its tenancy rights to O.P. Khaitan (HUF) who in turn assigned the rights to the present defendant i.e. VXL whose name has changed to Digjam Ltd. The respondent has acquired the possession of the suit property from GMMCL, which had a right to assign and it enjoys the same status as GMMCL which was in occupation of the suit premises in the capacity of a tenant. The appellant cannot claim any different status for the respondent.