JAGDISH BANSAL Vs. SHIV KUMAR PAL

JUDGEMENT

(1.) BY this common order, it is proposed to decide the application filed by the plaintiff under order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint being IA No.5347/2012, and two applications filed by the defendants No.1 and 2, one under Order XXXIX Rule 4 for vacation of the interim order dated August 12, 2011 passed by this Court restraining the defendants from transferring, alienating or parting with possession of the suit properties being IA No.18753/2011 and the other under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint being IA No.17345/2011.

(2.) THE facts leading to the filing of the aforesaid applications as set out in the suit for declaration, injunction and rendition of accounts filed by the plaintiff, Dr. Jagdish Bansal through his attorney, Mr. Anil Goyal may be briefly delineated as follows.

(3.) ON 6.8.2011, however, the plaintiff came to know that despite his signing General Powers of Attorney of eight of the properties, set out in the Schedule annexed to the plaint, in favour of the plaintiff, and admitting that he had purchased the properties out of funds sent by the plaintiff and his family members, defendant No.1 was planning to sell/dispose of the properties in a desperate hurry. The plaintiff accordingly instituted the present suit seeking a declaration in his favour that he was the owner of the properties bought by the defendant No.1 out of the funds sent by him and his family members to defendant No.1 "in trust". Plaintiff also sought a mandatory injunction directing the defendants to hand over the original title- deeds of the properties in question with peaceful vacant possession of the properties to the plaintiff and his family members; permanent injunction against the defendants from creating any third party interest in the suit properties; and rendition of accounts with the direction to the defendants to pay all the outstanding loans which they had taken against the properties bought out of the funds sent by the plaintiff and his family members.