BIMLA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 21.10.2010 which has endorsed the finding of the trial judge dated 27.11.2009 whereby the suit filed by the plaintiff Smt. Bimla Devi seeking declaration, permanent and mandatory injunction against the defendant no.1 and 2/Delhi Development Authority (hereinafter referred to as 'the DDA') to the effect that letter of the DDA dated 22.1.1999 cancelling the lease of plot bearing No.1, Pocket No.1, Sector A-9, Narela Residential Scheme, Delhi (which was a lease in favour of Daljeet Singh; defendant no.3) was dismissed.

(2.) PLAINTIFF had allegedly purchased the aforenoted suit property from defendant no.3 for a consideration of Rs.3,45,000/- vide General Power of Attorney, Agreement to sell, Special power of Attorney, Receipt, Affidavit, all dated 14.8.1995. Her contention was that physical and vacant possession of the suit property had been delivered to her on 12.3.1996. Admittedly on the date when the said documents were executed i.e. on 14.8.1995 possession of the suit property had not been given to the plaintiff.

(3.) THE judgment relied upon by the learned counsel for the appellant reported in 1999 RLR 20 Kuldip Singh Suri Vs. Surinder Singh; no doubt recognizes mode of sales of immovable property through power of attorney but it has to be coupled with a delivery of actual physical possession. THE ratio of the said judgment is inapplicable to this factual scenario as admittedly the date when the documents i.e. power of attorney, receipt, will and affidavit were executed by the defendant no.3 in favour of the plaintiff i.e. on 14.8.1995; they had not been accompanied by the delivery of physical possession of the suit land. This has been correctly appreciated in the impugned judgment.