MANMOHAN DUTTA Vs. SHIKHA SEN & ORS

JUDGEMENT

(1.) Late Col. S. R. Sen, with the hope of acquiring a property in the South Delhi colony of Chittaranjan Park approached Shri Ratan Dass a local property dealer in December 2000 to find a suitable house property. Shri Ratan Dass identified G-1397, Chitranjan Park, New Delhi-19 (hereinafter the "suit property") owned by Shri Partho Biswas, Shri Prithwis Biswas, Shri Prathano Biswas and Shri Uma Shankar Khan (hereinafter referred to as "owners"), who were legal heirs of the original owner late Smt. Kamalini Biswas. She had expired on 20th February, 1990 and her property devolved upon her four legal heirs impleaded as Defendant Nos.1 to 4 in the suit.

(2.) When the property was identified for purchase by Col. Sen, the mutation in the name of the owners had not yet been effected. Col. Sen had agreed that he would bear the expenses for getting the property mutated in favour of the owners from the L&DO. Accordingly, Shri Ratan Dass applied on behalf of Col. Sen to the L&DO for mutation of the property. The charges for the mutation and towards unearned increase, to the tune of Rs.6,16,016/-, were paid by Col. Sen by cheque dated 18th May, 2001 (Mark A). The L&DO issued the mutation letter dated 18th September, 2001 (Ex PW5/4) evidencing the mutation done in favour of the owners. Shri Ratan Dass was acting on behalf of Col. Sen in respect of the suit property. All the original documents of the suit property were in the custody of Shri Ratan Dass who also held a General Power of Attorney (hereinafter "GPA") dated 9 th November, 2001 from the owners (EX PW 6/3).

(3.) On 26th December, 2001 (EX PW 7/1) after the mutation was done in favour of the owners, an agreement to sell was entered into between the owners and Col. Sen. The said agreement to sell was signed by Col. Sen as the purchaser and by Shri Prithwis Biswas ("Defendant No.2"), who held a Power of Attorney on behalf of other owners. The witnesses to this agreement were Shri. Ratan Dass and Shri. Atul Wig. The said agreement to sell was registered with the Sub Registrar-V near the INA market as document no.10563, Book No.I, Vol.2641 at pages 93 to 102. The stamp duty for the said agreement to the tune of Rs.86,400/- was also paid.