RAKESHA Vs. AMZAD ALI

JUDGEMENT

(1.) By way of this application filed on behalf of the appellants under Section 151, C.P.C., the appellants seek release of the amount of Rs. 5,00,000 lying in fixed deposits in terms of the order dated 16th February, 2010 passed by this Court.

(2.) Learned Counsel for the appellants submits that the appellant No. 1, who is the widow of the deceased has purchased Plot No. 32/11, Indira Vikas Colony, Nirankari Colony, Police Station Mukherjee Nagar, Delhi from one Sh. Rajinder Kumar son of Sh. Jai Guru, resident of 32/11, Indira Vikas Colony, Nirankari Colony, Police Station Mukherjee Nagar, Delhi for a sum of Rs. 4,00,000 vide Agreement to Sell dated 29.11.2010. He further submits that the appellant No. 1 now proposes to construct a house on the aforesaid plot, for which she requires a sum of Rs. 5,00,000 and prays for the withdrawal of the same. A copy of the agreement to sell and general power of attorney executed for the purchase of the said plot have been annexed by the appellants along with a copy of the site plan and the estimate of construction obtained by them for the construction of a house on the said plot.

(3.) On the last date of hearing, i.e. 14.3.2011, the statements of the appellant No. 1, the widow of the deceased and the aforesaid Sh. Rajinder Kumar, the vendor of the plot in question were recorded which bear out the fact that Mr. Rajinder Kumar has entered into an agreement to sell dated 29.11.2010 in respect of plot No. 32/11, Indira Vikas Colony, Nirankari Colony, Police Station Mukherjee Nagar, Delhi to the appellant No. 1, who has purchased the same for a sum of Rs. 4,00,000. It is further stated by appellant No. 1, in her statement, that she does not have funds to pay for the construction of the house and, therefore, she has made this application for withdrawal of a sum of Rs. 5,00,000. The estimate of construction, in this regard, is stated to have been obtained by appellant No. 1 from M/s. Sharma & Associates, Architects & Planners, and a copy thereof has been placed on record.