RAJIV LUTHRA Vs. NEENA LUTHRA

JUDGEMENT

(1.) This order shall dispose of an appeal filed by the appellant assailing the order dated 04.02.2010 passed by the learned ADJ, Delhi whereby while modifying the order directing maintenance of status quo of the suit property which was passed ex parte, the ADJ has observed as follows:-

(2.) The appellant is the original plaintiff and is aggrieved of the aforesaid modification. Brief background of this case is that on the day when the suit was filed the appellant and respondent No.1 were husband and wife but later on they were divorced by a decree of divorce obtained by mutual consent. The dispute in hand is qua flat No.401, Lal Jyoti Apartment, Sector 9, Rohini, Delhi. Admittedly, the flat in question was purchased from one Sh. Prem Kumar in the name of respondent No.1 by virtue of document like Agreement for Sale and receipt while GPA of the flat was executed in favour of the appellant. Also, admittedly owing to matrimonial dispute, appellant herein admittedly executed a registered GPA registered with some Registrar, Jammu in favour of respondent no.1 on 25.06.1999. Apart from this document an agreement and an affidavit was also executed upon which the appellant has also admitted his signature but has denied the text. As per the agreement the power of attorney was executed by the appellant in favour of respondent No.1 after receiving consideration of `3 lacs from her. This GPA, as per appellant, was revoked on 06.10.2003 unilaterally at Delhi before Sub Registrar, Pitam Pura.

(3.) It is said that by virtue of power of the GPA dated 25.06.1999, despite its revocation on 06.10.2003, respondent No.1 entered into an agreement for sale of the flat in question with respondent No.3 on 02.06.2004 and handed him over the possession of the flat. Aggrieved of this transaction, the appellant approached the trial Court with the suit praying for cancellation for the agreement to sale apart from seeking possession of his undivided share in that flat and for permanent injunction.