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Punjab and Haryana High Court shields Gurgaon homebuyers in family property row

The man claimed a part ownership of the Gurgaon property, and alleged that his parents entered into a collaboration agreement with Lotus Realtech Private Limited to develop the affordable housing project without his consent and through irregular means.

The Punjab and Haryana High Court Thursday dismissed a revision petition filed by a man against his parents, refusing to implead 812 flat buyers and 24 shop owners at an affordable housing project in Gurgaon in an ongoing civil suit over disputed land. (Express Photo)The Punjab and Haryana High Court Thursday dismissed a revision petition filed by a man against his parents, refusing to implead 812 flat buyers and 24 shop owners at an affordable housing project in Gurgaon in an ongoing civil suit over disputed land. (Express Photo)

The Punjab and Haryana High Court Thursday dismissed a revision petition filed by a man against his parents, refusing to implead 812 flat buyers and 24 shop owners at an affordable housing project in Gurgaon in an ongoing civil suit over disputed land.

Justice Archana Puri upheld the trial court’s decision to reject the application for adding the allottees as parties. The court held that the buyers do not have a direct interest in the core dispute, which centres on ownership claims between Ajai Jain and his parents, Ashok Kumar Jain and another.

The case stems from a long-standing family dispute over land purchased initially in the name of Ajai Jain’s parents. Ajai Jain claimed a part ownership of the property known as Abhinandan Farm, and alleged that his parents entered into a collaboration agreement dated August 14, 2013, with Lotus Realtech Private Limited to develop the Lotus Homz affordable housing project without his consent and through irregular means.

In 2014, Ajai Jain filed multiple suits seeking declarations, injunctions and cancellation of certain documents, including a surrender of the lease deed. He also challenged the licence granted by the state authorities for the housing project.

During the pendency of these consolidated suits, Ajai Jain moved an application under Order 1 Rule 10 of the Civil Procedure Code (CPC) to add the allottees as defendants. He argued that the buyers had financial and legal interests in the disputed property, and the alleged fraud by his parents and the developer had put their investments at risk.

The trial court dismissed the application on November 3, 2023, holding that the 812 allottees and 24 shop owners had no direct interest in the merits of the case.

Justice Puri agreed, observing that “the proposed defendants do not have direct bearing over the merits of the cases in hand”. She noted that the primary issue is the clash of interests between the son and his parents, as well as the validity of the subsequent collaboration with the developer.

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The court further said that adding the buyers would be “only a speculative move” by the petitioner, who appeared to be “presuming and assuming about the decree to be passed by the Court, sure-shot in their favour”.

Emphasising the legal principle for impleadment, Justice Puri quoted Order 1 Rule 10 CPC, which allows addition of parties only when their presence is necessary for the court to “factually and completely adjudicate upon and settle all questions involved in the suit”. She added that “the person to be joined must be one whose presence is necessary as a party for adjudication of the dispute”.

Justice Puri concluded that at this stage, it cannot be said that the allottees are essential for deciding issues related to alleged flaws in the collaboration agreement or irregularities in obtaining the housing licence.

With the revision petition dismissed, the consolidated civil suits will continue without the homebuyers and shop owners as parties, providing relief to hundreds of allottees who could have faced prolonged uncertainty over their properties.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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