AJAY GOEL Vs. J S BAGGA

JUDGEMENT

(1.) This is a suit for recovery under Order XXXVII CPC filed by the plaintiff against the defendant.

(2.) Brief facts as stated in the plaint are that the defendant had approached the plaintiff for sale/purchase of the House No.8, Anand Lok, New Delhi-110049 (hereinafter referred to as the "suit property"). It is averred that the plaintiff under the defendant's undue influence executed Power of Attorney dated 18th October 2008 in favour of defendant authorizing him to sell the property on behalf of the plaintiff. Thereafter, the plaintiff made payment of Rs. 26,00,000/- by way of cheque and Rs.4,00,000/- by way of cash to the defendant. However, inspite of the encashment, the defendant did not perform his obligations and subsequently the plaintiff revoked and cancelled the said Power of Attorney executed by him in respect of the suit property in favour of the defendant by publishing in National Newspaper "The Statesman" dated 1st August 2009.

(3.) It is also the case of the plaintiff that the plaintiff sent a legal notice dated 31st July 2010 for recovery of amount of Rs.30,00,000/- along with interest and thereafter the defendant vide reply dated 16th August 2010 admitted that he received the money for doing the liaison work at DDA,MCD for obtaining the certified copies of the order.