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2011 (10) TMI 487 - DELHI HIGH COURTRight to allotment of flats - Applicability of Chapter XXC OR Chapter XX-A to agreement entered in year 1980 - original agreement entered in year 1979 between competent builder and land owner to construct a multistory building - petitioner got allotment of flat in said building in year 1980 - Held that:- Competent Builders were acting as an agent of a disclosed principal. In present case, the buyers and the seller have not changed. The buyers are the flat-buyers like the petitioner and the seller, in law, is Smt. Satyawati Dhawan. The only change which has occurred is that one builder has stepped into the shoes of another. When the builder has changed, that does not necessarily mean that the right of the original buyers stood extinguished. The right to allotment of flats continued to exist, and, therefore, the letters of allotment which were issued on October 10, 1990, were merely continuation of the earlier letters. However, letters did change some of the terms and conditions of the earlier allotment but it is not possible for us to come to the conclusion that these letters of allotment of October 10, 1990, amounted to novation of the contract - Decided in favor of petitioner
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