MADANLAL Vs. MASONIC LODGE

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff against the order dated 20.10.87 passed by the District Judge, Indore in Civil Suit No. 41 of 1986 whereby the appellant -plaintiff application for grant of temporary injunction against the respondent -defendant Masonic Lodge, a registered society, has been rejected.

(2.) THE facts giving rise to this appeal, briefly, stated, are as follows: On 30.3.79, the appellant -plaintiff and the respondent Masonic Lodge entered into an agreement whereby the respondent agreed to grant franchise to the appellant to develop at his own cost the respondent's land appurtenant to its building situated on Bombay -Agra Road, as building colony in consideration of deposit of Rs.25,000/ - for grant of the privilege and proposal of purchase of the land after it is developed at Rs.13.50 per sq.ft. The respondent also agreed to execute documents which may be necessary for the appellant to obtain clearance from all the authorities concerned including the urban ceiling authorities for the creation, construction and sale as building colony besides execution of power of attorney to act as constituent attorney in that behalf, in favour of the appellant.

(3.) IN pursuance of the aforesaid agreement, the respondent issued on 9.7.79 a power of attorney in favour of the appellant for the purposes of developing the land plot in such a way that lodge building as well as multi -storeyed building may be constructed thereon and for taking necessary steps to obtain permission for development of the plot by approaching the Town and Country Planning Authorities, Municipal Corporation and any other Government authority for obtaining no objection certificate (NOC) under the M.P. Urban Ceiling Act. The power of attorney authorised the appellant to sign on behalf of the Masonic Lodge and to appear before any authority on behalf of the lodge and to do all acts and things necessary for getting sanction for development work. It was also recited that the said power of attorney is irrevocable.