SURENDRA BEHARI LAL Vs. JODONATH

JUDGEMENT

(1.) THIS is defendants' appeal.

(2.) FACTS relevant as found by the courts below are briefly these. Niranjan Lal, defendant, was a member of the Co-operative Housing Society Limited Koil (district Aligarh) (hereinafter referred to as the Society). The plaintiff is his brother-in-law. The plaintiff was an employee in the East India Railway from where he retired on May 27, 1944. On August 16, 1934, the Society made allotment of plot no. 235 (area 600 Sq. yards) to the defendant. The defendant wrote to the plaintiff on August 19, 1934. suggesting that the latter might acquire for his use a plot measuring 600 sq. yards near the plot of Manmohan Lai and a sum of Rs. 450/- be sent to him for this purpose. The plot held by Manmohan Lal was numbered 237. The plaintiff gave a sum of Rs. 450/- to the defendant in October, 1934. On March 23, 1935. the plaintiff applied for membership of the Society. On this application, 45 shares of the value of Rs. 10/- each were allotted to him on May 31, 1931. The plaintiff's share money being, however, not deposed the Society forfeited these shares in about1936-37

(3.) IN this manner, according to the findings of the courts below, the plaintiff in all gave Rs. 1350/- to the defendant under the belief that the defendant would convey plot no. 235 (area 600 sq. yards) to him. IN accordance with the bye-Jaws of the society, the transfer could not be made without the plot having been built upon. The defendant assured the plaintiff that he would get a room constructed on the land and then execute the transfer. The transfer was, however, not made, whereupon the plaintiff gave notice dated November 17, 1949 to the defendant.