HANS RAJ GOEL Vs. RAM NIWAS

JUDGEMENT

(1.) BY this appeal filed under Section 96 of the Code of Civil Procedure, 1908, the appellant seeks to challenge the judgment and decree dated 15.04.2004, whereby the suit filed by the appellant for declaration, permanent injunction, possession and damages in respect of the property bearing No.C-9/3, Wazirpur Industrial Area, Delhi was dismissed.

(2.) BRIEF facts of the case, as per the appellant and relevant for deciding the present appeal are that the appellant was the owner of the property bearing no. C/93 Wazirpur Industrial Area, Delhi and had entered into a commission agreement with the respondents with regard to half the portion of the said property on 5.10.1985. That vide agreement to sell dated 10.5.95 the appellant sold the said portion of the property to the respondents for a sum of 3 lakhs and an amount of Rs. 2,75,000 was received by the appellant through the Banker's cheque dated 9.5.1995 on that day and the balance of Rs.25,000 was to be paid by the respondents within two or three days. That the respondents failed to pay the balance amount and the appellant served a legal notice dated 27.10.1997, which was not replied to by the respondents. Thereafter the appellant cancelled the Will and the General Power Of Attorney executed in favour of the respondent no.1 and 2 respectively on 8.10.1997 and sent a notice of the same on 14.10.1997 which was not replied to by the respondents. Consequently, the appellant filed a suit for declaration, permanent injunction, possession of the suit property and damages which vide judgment and decree dated 15.4.2004 was dismissed. Feeling aggrieved with the same, the appellant has preferred the present appeal.

(3.) I have heard learned counsel for the parties at considerable length and gone through the records.