MOTIAN DEVI LAMBA Vs. CHET RAM GUPTA

JUDGEMENT

(1.) By this common order I shall dispose of two applications under Order I Rule 10 CPC filed in these two suits by one Mr. Joginder Lamba, who claims himself to be the son of Smt.Motian Devi, who is the plaintiff in suit no.2147/2010 and defendant no.1 in suit no. 2818 of 1989, seeking his own impleadment as also of all his brothers and sisters in both the suits in which many persons are allegedly trying to usurp one plot in Greater Kailash, New Delhi which stands registered in the name of applicant's mother who is permanently settled in United Kingdom as an NRI.

(2.) CS(OS) No.2818/1989 was filed by one Chet Ram, who died during the pendency of the suit and is now being represented by his legal representatives, for specific performance of an agreement allegedly entered into between him and defendant no.1 Motian Devi in London in September-October, 1986 whereby she had agreed to sell to him her plot of land no.W-73, Greater Kailash-II, New Delhi. The deal was allegedly finalized with the involvement of defendant no.3 in the said suit of Chet Ram, namely, Shri S.P.Gupta. Since she failed to execute the sale deed thereafter this suit came to be filed in which the deceased plaintiff had claimed that he had been handed over physical possession of the suit plot in pursuance of the agreement to sell.

(3.) Defendant no.1 is contesting the suit for specific performance through her attorney V.P.Gupta, inter alia, on the ground that she had never agreed to sell the suit plot to the deceased plaintiff Chet Ram and when he had visited her in London In September,1986 with defendant no.3 for purchase of the suit plot she had told them that she had decided to transfer the suit plot to defendant no.2 who was her family doctor. Then she had executed a power of attorney in favour of the deceased Chet Ram only for the purpose of effecting transfer of the suit plot in favour of defendant no.2 but since after leaving London Chet Ram did not do anything she had revoked the power of attorney given to him and on 6th April,1987 she executed a gift deed in respect of the suit plot in favour of defendant nos. 2 and 4. in Chet Ram's suit, both of whom are also now dead and are being represented by their legal representatives.