OM PRAKASH GUPTA Vs. RAMESHWAR YADAV

JUDGEMENT

(1.) Present appeal has been preferred by the appellants against the judgment and decree dated 25.03.2011 whereby the suit filed by the appellants for declaration, cancellation of instruments and possession was dismissed.

(2.) Case of the appellants as per the plaint was that appellant No.2 Somwati, being owner of property No.TA-171/1, Tughlakabad Extension, New Delhi intended to raise construction thereon and needed money. Respondent No.1 Rameshwar Yadav, agreed to initially advance Rs. 2,50,000/- and such further amount as would be required by the appellants for the purpose of construction as a loan without any interest. It was further agreed that appellants would mortgage an area of 40 sqr.yards having one big room at their property No.TA-105, Tughlakabad Extension, New Delhi to respondent No.1 and would hand over possession of the same to be used by respondent No.1 as godown. The parties acted upon the said terms and conditions.

(3.) Appellants further pleaded that after receiving the said amount of Rs. 2,50,000/-, on 31.03.1992, the appellants started raising construction in the property in question. During the course of construction, appellants faced shortage of money and took Rs. 1,24,000/- on different dates mentioned in the plaint from the respondent No.1 as loan as per the agreement of mortgage without interest. Before giving further sum of Rs. 1,24,000/-, the respondents insisted for execution and registration of the mortgage deed to which the appellants agreed.