RAVINDER PAL Vs. ASHWANI KUMAR AND ANOTHER

JUDGEMENT

(1.) These are the appeals against concurrent judgments of Courts below whereby suit filed by plaintiff-Ravinder Pal under Section 31 of the Specific Relief Act, 1963 for cancellation of agreements dated 08.04.1985 and 20.06.1989 in respect of sale of plot No. 1404, Sector 44-B, Chandigarh, measuring 150 sq. yards, was decreed and the alleged agreement(s) were held to be void and illegal.

(2.) In later part of judgment parties will be referred as plaintiff and defendants as per the civil suits.

(3.) The case of plaintiff, in brief, is that he was allotted plot No. 1404 measuring 150 sq. yards in Sector 44-B, Chandigarh by Progressive Cooperative House Building Society (Regd.), Chandigarh (later referred to as 'the Society') vide letter No. 77/1404 dated 29.03.1985 for a total premium of Rs. 26,650/-, which was payable in four equal installments. The plaintiff had paid Rs. 20,626/- and a sum of Rs. 6430/- was outstanding qua which the Society had issued a demand notice dated 15.04.1990. Defendant no. 1-Ashwani Kumar fraudulently and in a clandestine manner got signatures of the plaintiff on blank stamp papers and converted the same into agreement for sale of plot. As per terms of allotment, the plot could not be sold or transferred for a period of 15 years from the date of completion of building. Thereafter, defendant no. 1 started threatening to raise construction over the plot compelling the plaintiff to file the instant suit. Later on by way of amendment the plaintiff sought alternative relief that as per clause 9 of the agreement in the event of plaintiff backing out from the bargain, defendant no. 1 is entitled to a sum of Rs. 55,000/- plus another equated amount as liquidated damages plus double the cost of construction of the building.