GROUP CAPTAIN VED KUMAR Vs. SWARAN MARWAH

JUDGEMENT

(1.) Group Captain Ved Kumar, the appellant has suffered a dismissal of a suit vide impugned judgment and decree dated 17.2.2006.

(2.) As per the plaint, Group Captain Ved Kumar stated that he was a perpetual lessee of land bearing Municipal No.C-264, Defence Colony, New Delhi and that the perpetual lease deed was executed in his favour on 29.8.1975. He claimed to have constructed a ground floor and a first floor on the land. He claimed that on 5.9.1989 he had entered into an agreement to sell 'Mark A' with Swaran Kumar Marwah, material terms whereof read as under:-

(3.) It was further pleaded that on 12.2.1991, 5 other documents were executed by Gr.Capt. Ved Kumar, being a general power of attorney, Ex.PW-1/1, an indemnity bond, Mark 'D', a declaration, Mark 'E', an affidavit, Mark 'F' and a will Mark 'G', as per which, the right of Swaran Kumar Marwah to construct a second floor on the roof of the existing first floor was recognized. It was pleaded that under the agreement to sell and the documents referred to hereinbefore, no right was created in favour of Swaran Kumar Marwah in respect of the resultant terrace which would come into existence when second floor was constructed by Swaran Kumar Marwah. It was pleaded that in the agreement to sell dated 5.9.1989 and the other documents executed in the year 1991, Swaran Kumar Marwah was given a mere right to use the terrace above the second floor. It was pleaded that in the year 1991 Swaran Kumar Marwah wanted to purchase the ownership rights of the terrace above the second floor which request was turned down by Gr.Capt. Ved Kumar.