K.C. SETHI Vs. BISHAMBAR NATH BATRA

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for declaration, cancellation of Sale Deed dated 20.8.2009 executed on the basis of a registered General Power of Attorney dated 16.11.2007; for declaration and cancellation of Sale Deed dated 12.7.2010; for permanent injunction and mandatory injunction to declare the judgment and decree dated 9.7.2010, as rendered in Suit No. 2074/2009, as null and void ab initio.

(2.) IT is submitted by counsel for the defendants that during the pendency of the suit, the plaintiff entered into a settlement with defendant no.1. The effect of the settlement according to all the defendants is that there is no further cause of action in favour of the plaintiff to continue with the suit. Mr. Raman Duggal, learned counsel for the plaintiff, has submitted to the contrary.

(3.) IT is also an admitted position that upon handing over of the property, complete in all respects, the builder was authorised to sell his allocation in the prospective building. Reliance is placed by counsel for the parties on the Collaboration Agreement /Agreement of Building Construction, which is an admitted document, between them.