VIJAYA SRIVASTAVA Vs. MIRAHUL ENTERPRISES

JUDGEMENT

(1.) Mrs. Vijaya Srivastava is the plaintiff in Suit No. 451 / 86. Rear Admiral R.R. Sood is the plaintiff in Suit No. 450/86. Brig. K.K. Srivastava has given evidence on behalf of his wife Smt. Vijay Srivastava and Rear Admiral R.R. Sood as Public Witness .2, though his wife Smt. Viaya Sriastava was also examined as P.W.I. The plaintiff in Suit No. 451/86 is hereinafter referred to as 'V' and the plaintiff in Suit No. 450/86 is hereinafter referred to as 'S'. Defendants 1 to 5 are hereinafter referred to as the second defendant. Though oral evidence is recorded in Suit No. 451/86, documents have been marked in both the suits separately to which I shall refer to them at the appropriate stages. Defendants 1 to 5.are common to the two suits and there is the 6th defendant in Suit No. 451/86. The facts are almost same and, therefore, the two suits are being disposed of by this common judgment in Suit No. 451/86.

(2.) At the outset, I have to state that these two cases are typical, of the parties trying to over reach the other and as the one could not win the day against the other they are before this Court. In or about the beginning of 1982 the second defendant Mr. S.B. Kishore had approached 'V and "S' offering to sell flats in his Complex and by Ex. P.9 he would appear to have obtained sanction of the plan for the construction of the flats. On 16.7.1982 "V' had paid a sum of Rs.10,000.00 as advance towards the price of the flat. On 7.1.1983 (Ex. P.17) the second defendant issued issued a certificate to the following effect :

(3.) In Ex. PW2/2 (May, 83) Mrs. 'V' wrote to the second defendant calling upon him to comply with what is stated in the letter dated 14.5.83 (Ex. PW2/3). Ex. P.IO dated 20.8.1983 is an affidavit by the second defendant about the constitution of the first defendant firm. Ex. P.I I dated 27th day of January, 1982 is the partnership deed of the first defendant.