SURESH CHAND JAIN Vs. PHALPHOR BUILDERS P LTD

JUDGEMENT

(1.) Appellant?s endeavour to have the four sale deeds Ex.PW-1/11, Ex.PW-1/12, Ex.PW-1/13 and Ex.PW-1/14 dated June 24, 1993, June 24, 1993, September 10, 1991 and January 05, 1993 respectively got cancelled has failed and the suit filed has been dismissed vide impugned judgment and decree dated September 08, 2010. Undisputably M/s.Suresh Chand Jain & Sons HUF was the owner of plot bearing Municipal No.3, Parmanand Estate, New Delhi and on January 09, 1989, vide Ex.PW-1/6, had entered into a construction agreement with respondent No.1 as per which said respondent was to construct 13,000 sq.ft. building out of which 5,000 sq.ft. was the share of the appellant and the remainder had to be sold. The agreement Ex.PW-1/6 is the source of litigation as also an unregistered power of attorney Ex.PW-1/7, both executed simultaneously on January 09, 1989. The unregistered General Power of Attorney seeks to confer power and authority upon Vikram Kumar S/o Tilak Raj to do various acts, listed in the General Power of Attorney, on behalf of M/s.Suresh Chand Jain & Sons HUF. As per the appellant, vide Ex.PW-1/8, dated March 20, 1991, the power conferred under Ex.PW-1/7 was revoked and the revocation notice was sent under UPC evidenced by the receipt Ex.PW-1/9 followed by a public notice Ex.PW-1/10 dated March 27, 1991.

(2.) The relevant terms of the construction agreement, Ex.PW-1/6 read as under:-

(3.) The relevant terms of the Power of Attorney Ex.PW- 1/7 read as under:-