MADHU SHARMA Vs. N K MAIR AND OTHERS

JUDGEMENT

(1.) By this judgment, seven regular second appeals bearing RSA Nos., 4, 5, 287, 472, 615, 1021 and 1564 of 2012 and one CRM-M No.23184 of 2012 shall stand disposed of, as all seven appeals are arising from 7 civil suits filed by different plaintiffs which were consolidated and decided by a single judgment by the learned trial court as well as by the learned first Appellate Court. The criminal misc. is arising from proceedings initiated under Section 145 of the Code of Criminal Procedure with respect to same property. Decision in the aforesaid criminal misc. would depend upon the decision in the appeals.

(2.) In the considered view of this Court, following substantial questions of law arise for determination:-

(3.) In the present case, detailed facts would be required to be noticed. Smt. Rekha Rani (Respondent-Defendant No.2) was undisputed owner of property in dispute i.e. Shop cum-Flat No.224, Sector-9, Faridabad. She had constructed commercial building, consisting of basement, ground floor and first floor, dividing the property into various shops. She entered into an agreement to sell with Shri O.P.Gupta on 24.7.1995 for a total sale consideration of Rs. 14,76,000/-lacs out of which Rs. 3,00,000/- was received as an earnest money. However, when Shri O.P.Gupta came to know that Rekha Rani wanted to resile from the agreement to sell, he made a representation dated 8.1996 to the Estate Officer, Haryana Urban Development Authority (Allotting Authority), with a request, not to permit transfer of the property to anyone else. Thereafter Shri O.P.Gupta got issued a notice on 12.1996, calling upon Rekha Rani to comply the agreement to sell within seven days or pay double amount of the earnest money. Since there was no response, Shri O.P.Gupta further sent a letter to the Deputy Commissioner, Faridabad and Sub Registrar Faridabad on 22.1996. Due to aforesaid communications, Rekha Rani came to terms and agreed to fulfill her promise and honour the agreement to sell. Shri O.P.Gupta assigned his rights and thus a fresh agreement to sell was executed by Rekha Rani in favour of Shri Shantvir Vasishth, Karambir Vasishth and Raman Sharma whereas Sh.O.P.Gupta signed as a witness. In the agreement to sell, Rekha Rani acknowledged receipts of entire sale consideration by including the amount received from Sh.O.P.Gupta except Rs. 2 lacs which was payable by the intended purchasers to Haryana Urban Development Authority. In the aforesaid agreement to sell, reference was also made to agreement to sell dated 24.7.1995 entered into between Rekha Rani and O.P. Gupta. It was further mentioned in the agreement to sell that she has also executed a general power of attorney in favour of Karambir Vasishth, who can get the sale-deed executed in their favour or in favour of their nominees. It was further written that she would never revoke this general power of attorney executed in favour of Karambir Vasishth with the consent of the purchasers. A day prior to the execution of agreement to sell dated 26.1996 i.e. on 25.1996, Rekha Rani also executed an irrevocable general power of attorney in favour of Karambir Vasishth, authorizing him to sell the property attested by the Executive Magistrate.