D R PURI Vs. KAMLESH SAWHNEY

JUDGEMENT

(1.) The Plaintiff has filed a suit praying, inter alia, for a direction to the Defendants to render accounts to the Plaintiff in respect of the building constructed on plot No. 18-A, New Friends Colony, New Delhi and for a decree of possession in respect of this property which is hereinafter referred to as the suit property. The plot of land is referred to as the aforesaid plot.

(2.) The Plaintiff was allotted plot No. 18, Block A, New Friends Colony, New Delhi by a perpetual sub-lease dated 6th February, 1973 by the Delhi Development Authority. The sub-lease was duly registered and the Plaintiff also became a member of the New Friends Co-operative House Building Society Ltd., New Delhi (hereinafter referred to as the Society). According to the Plaintiff, he was posted in Jaipur (Rajasthan) and on account of exigencies of services he was liable to be transferred from time to lime. He also found some difficulty in obtaining building materials, particularly cement and steel for the construction of a house on the aforesaid plot. He was stated to be in a financially tight position since his wife had started a business of manufacture and export of garments and it was not possible for him to arrange the necessary funds for constructing a house on the aforesaid plot

(3.) Accordingly, the Plaintiff approached Defendant No. 2 who was an old family friend and explained to him the difficulties faced by him. Defendant No. 2 is alleged to have told the Plaintiff that his wife is the daughter of one of the biggest cement stockists in northern India and in view of his connections and permanent location in Delhi, it would not be difficult for him to construct a house for the Plaintiff on the aforesaid plot. Defendant No. 2 is stated to have offered a sum for Rs. 1,40,000/- as a security for constructing a house on the aforesaid plot of land for and on behalf of the Plaintiff. The Plaintiff accepted the representations of Defendant No. 2 and pursuant thereto he executed a scries of documents. The documents executed by the Plaintiff were in favour of Defendant No. 1 (who is the wife of Defendant No. 2) and aie as follows : 1. Agreement dated 24.10.79 (Exh. D-l). 2. Agreement of Construction dated 24.10.79 (Exh, D-2). 3. General Power of Attorney dated 24.10.79 (Exh. D-3). This was registered on 26th October, 1979. 4. Special Power of Attorney dated 24.10.79 (Exh. D-4). This was registered on 26th October, 1979. 5. Affidavit of the Plaintiff dated 26th October, 1979 (Exh. D-5) acknowledging receipt of an amount of Rs. 1,40,000/- and stating that the General Power of Attorney is irrevocable. 6. Affidavit of the Plaintiffs wife dated 26th October, 1979 (Exh. DA) stating that she has no objection to the Will of the Plaintiff bequeathing the plot of land in favour of Defendant No. 1; she has no objection to Defendant No. 1 being nominated ah a member of the Society and she is relinquishing her interest in the plot of land. 7. Affidavit of the Plaintiffs daughter dated 26th October, 1979 (Exh. DB). This affidavit is to the same effect as the affidavit given by the Plaintiffs wife. 8. Affidavit of the Plaintiffs son dated 26th October, 1979 (Exh. DC). This affidavit is also to the same effect as the affidavit given by the Plaintiffs wife. 9. Will of the Plaintiff dated 24th October, 1979 (Exh. D-6) bequeathing all his rights, title and meres' in the aforesaid plot in favour of Defendant No. 1 and nominating her as his nominee with the Society. This Will was registered on 26th October, 1979. 10. A letter dated 24th October, 1979 (Exh. D-7) addressed to the Secretary of the Society nominating Defendant No. 1 as his nominee. 11. Undated repudiation letter (Exh. D-8) from the Plaintiff to Defendant No. 1 stating that he is unable to arrange for necessary funds to pay to Defendant No. 1 for the construction on the aforesaid plot of land and consequently, the Plaintiff has no objection to the transfer of the lease hold rights in respect of the plot of land of Rs. 1,40,000/- which may be adjusted towards the consideration in full and final settlement of the transfer. 12. Receipt dated 26th October, 1979 (Exh. DD) acknowledging receipt of Rs. 1,40,000/- from Defendant No. 1.