SANJEEV GUPTA Vs. DELHI DEVELOPMENTAUTHORITY & ORS

JUDGEMENT

(1.) Cm No. 12687/2018(Exemption)

(2.) The facts of the case are that the suit property was owned by the father of the appellant/plaintiff one Sh. Prem Prakash Gupta. Sh. Prem Prakash Gupta admittedly executed an Agreement to Sell dated 10.7.1989 in favour of Sh. Hans Raj Pahwa the grandfather of the respondent nos. 2 and 4/defendant nos. 2 and 4. A registered Will dated 11.7.1989 was also executed by Sh. Prem Prakash Gupta in favour of Sh. Hans Raj Pahwa the grandfather of respondent nos. 2 and 4/defendant nos. 2 and 4. The father of the appellant/plaintiff had also executed a registered General Power of Attorney (GPA) on 19.7.1989 in favour of the respondent no.3/defendant no.3/Sh. Kulbir Singh Pahwa, and which GPA is part and parcel of documentation of transfer of rights in the suit property by Sh. Prem Prakash Gupta in favour of Sh. Hans Raj Pahwa. The total sale consideration payable by Sh. Hans Raj Pahwa to Sh. Prem Prakash Gupta under the documentation dated 10.7.1989/11.7.1989/19.7.1989 was a sum of Rs.60 lacs and out of this total amount admittedly Sh. Prem Prakash Gupta has received a sum of Rs.58,50,000/-. Sh. Prem Prakash Gupta also delivered actual physical possession of the suit property in favour of Sh. Hans Raj Pahwa on execution of the aforesaid documents. Rights of Sh. Hans Raj Pahwa therefore under the aforesaid documentation were secured both by the doctrine of part performance under Section 53-A of the Transfer of Property Act, 1882 and Section 202 of the Indian Contract Act, 1872 which provides that a General Power of Attorney given for consideration becomes irrevocable.

(3.) Sh. Prem Prakash Gupta, the father of the appellant/plaintiff claimed that Sh. Hans Raj Pahwa did not pay the balance amount of Rs.1,50,000/- and therefore, Sh. Prem Prakash Gupta executed registered Cancellation Deeds dated 4.1.1994 and 6.1.1994 cancelling the Will and General Power of Attorney executed in favour of Sh. Hans Raj Pahwa and the respondent no.3/defendant no.3, and the factum of cancellation was informed by Sh. Prem Prakash Gupta to Sh. Hans Raj Pahwa as also the respondent no.3/defendant no.3.