DALIP SINGH Vs. THE AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) DALIP Singh brought a suit for declaration against the Amritsar Improvement Trust, Amritsar (for short "the Trust") praying for declaration that the plaintiff is owner in possession for the last more than 40 years of of a plot and super structure built thereon comprising total area of 2400 sq. yards bearing plot # 297, East Mohan Nagar, Amritsar bounded by description in the head note to the plaint. The other half was in possession of one Inderjit Singh. The plaintiff sought mandatory injunction directing the Trust to execute a sale deed with respect to one half of suit corpus against which Dalip Singh (dead) represented by LRs had made full payment of sale price.

(2.) DECEASED plaintiff claimed that originally one Nathu Ram had purchased plot # 297 from the Trust. He defaulted in making payments of the installments. Cornered, Nathu Ram associated Ujjal Singh and Inderjit Singh as co -sharers for transfer of the plot in their names with liability upon them to pay the balance outstanding dues. However, the sale deed was not executed in favour of Ujjal Singh and Inderjit Singh till the suit was presented on December 11, 2008. The plaintiff agreed to purchase share from Ujjal Singh. The plaintiff and Ujjal Singh had earlier entered into an agreement dated March 05, 1968 for sale of half share of the plot and possession was delivered to the plaintiff. Thereafter, he remained as was his say in physical possession of the suit property since its purchase and presently it is with the LRs of late plaintiff Dalip Singh. Ujjal Singh executed an irrevocable power of attorney in favour of plaintiff on July 04, 1973. The plaintiff made a construction over the plot and enjoyed the fruits of the property without let or hindrance The plaintiff claimed that electricity, water & sewerage connection are in his name. Ownership and possession over the suit property was claimed under section 53 -A of the Transfer of Property Act, 1882. The plaintiff's name is recorded in the house tax record as owner of the suit property. Becoming responsible for payment of balance consideration, the plaintiff discharged the liability by making full payment of the sale price partly by cash and by cheques to the Trust. The plaintiff disclosed that there was civil litigation in a shape of a suit for permanent injunction between plaintiff and the other purchaser Inderjit Singh. Plaintiff has been pressing the Trust from time to time to issue sale deed in his favour but the Trust has not obliged.

(3.) THERE is a very vital disclosure of material fact by the Trust which tends to remove the base of the case that during his life -time, Ujjal Singh cancelled the power of attorney in favour of plaintiff vide deed of cancellation dated January 03, 1974 registered in the office of the Sub Registrar, Amritsar and on the same date he had informed the Trust by letter bearing Diary # 11621 dated January 29, 1974 of the cancellation of power of attorney.