Sh. Sanjay Chowdhary vs Delhi Development Authority on 30 November, 2022
36.9 The controversy now lies in a narrow compass as it is to be seen as
to when the cause of action arose for the plaintiff to institute the present
suit. In my considered opinion, the cause of action had arisen when
finally the possession of the plot in question was handed over to the
plaintiffs on 21.05.2009 and conveyance deed was finally executed in
their favour on 18.07.2009. Plaintiff in his cross-examination has
avouched that the defendant offered him possession of the plot on
21.05.2009 and the same was taken on 29.05.2009. The conveyance deed
dated 18.07.2009 Ex.PW-1/5 clearly reflects that the plot in question is
CS DJ No. 577/2018 Sh. Sanjay Chowdhary & Anr. Vs. Delhi Development Authority 20
shown to be on 24 meter road. When the plaintiff was confronted as to
when did he come to know that the width of the road in front of his plot
was 18 meter and not 24 meter, he replied that when the DDA made a
statement before High Court of Delhi that they did not have land
available for construction of 24 meter road. This statement clearly is at
odds with the pleadings in the plaint wherein the plaintiff affirmed in
paragraph 10 and 11 that after handing over of the possession of the plot,
the defendant assured the plaintiffs on various occasions that 24 meter
wide road will be built in front of the plot of the plaintiffs and other
occupants. Thus, it is limpid that the plaintiffs gained the knowledge of
the road being only 18 meter wide soon after getting the possession. It
can, thus, be extrapolated that at that time when the plaintiff took over
physical possession of the plot in question that it was not on 24 meter
road and that amounted to breach of contract on the part of the defendant
as in the advertisement Ex.PW-1/1 it was clearly mentioned that the plot
located on 24 meter road and above would fetch 10% higher reserve price
and a plot in question bearing no.135 was one such plot and, thus, the act
of not providing the 24 meter road despite payment of the entire amount
would amount to breach of contract, the limitation period for which is
governed by Article 55 of the Limitation Act. The period of three years is
to be counted from the date of execution of the conveyance deed i.e.
18.07.2009 and when the plaintiffs gained the knowledge of the breach in
not providing 24 meter road. There is no material on record indicating
any acknowledgement on the part of the defendant which could have
extended the period of limitation beyond three years.