VIMAL BUILDERS Vs. NAND KUMAR ANANT VAITY

JUDGEMENT

(1.) This Suit is filed by the purchaser of a property which initially belonged to Defendant Nos. 1 to 39. Defendant Nos. 1 to 39, who are admittedly the original owners of the suit property, entered into an Agreement with Defendant No. 40. Defendant No. 40 entered into the Agreement with the Plaintiff. The Plaintiff contends that Defendant No. 41- Society has no right in the suit premises. Defendant No. 41- Society had earlier entered into an Agreement with Defendant Nos. 1 to 39, under which it claims to have been put in possession. The Plaintiff also claims to be in possession of the suit property. The suit property is open vacant land. It would be prudent to understand the transactions that took place in respect of the suit property chronologically.

(2.) The initial Agreement of Defendant Nos. 1 to 39 with Defendant No. 41 was executed on 24.10.1981. The said Memorandum of Understanding (MOU) shows "the entire purchase price of Rs. 3,26,390/-" deposited with M/s. Solomon & Co., Advocates & Solicitors, who have paid certain vendors from amongst Defendant Nos. 1 to 39 specified sums as mentioned therein. Defendant Nos. 1 to 39 acknowledged receipt of the entire purchase price. Defendant Nos. 1 to 39 confirmed having delivered to Defendant No. 41 actual vacant possession of the entire suit property.

(3.) Defendant Nos. 1 to 39 also executed a Power of Attorney in favour of 3 members of Defendant No. 41- Society to develop the property as also to execute any deeds or conveyances in their favour. They recited in the Power of Attorney the factum of they having received full consideration for their property and having put the Society in possession of the property.