RAJESH SACHDEVA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Vide this regular 2nd appeal, the plaintiff in a suit has challenged the judgment of the learned first appellate court (District Judge, Gurgaon), setting aside the decree issued in his favour by the trial Court, the suit instituted by him being one seeking a declaration of his ownership over the suit land, with a relief of mandatory injunction also sought, as also one of permanent injunction, the mandatory injunction being that his name be inserted as the owner and real purchaser of the suit property bearing plot no.1081, Sector-46, Urban Estate, Gurgaon, "by making the entire sale consideration thereof including all the installments and enhanced compensation amount"; and that the name of the first defendant (respondent no.2 herein), i.e. his wife, be considered to be only benami. He further sought that all the documents of the plot in question be handed over to him from the record of the first respondent herein, i.e. the Haryana Urban Development Authority (defendant no.2 in the suit), showing the plot to be in his (the plaintiffs') ownership.

(2.) As per the case of the appellant-plaintiff (hereinafter to be referred to as the appellant), respondent no.2 was his legally wedded wife. The original owner/allottee of the aforesaid plot, measuring 286 sq. metres, was one Romesh Kumar, who had transferred it in the name of one Parmod Kumar, from whom the appellant had purchased it in the year 1996, by making 'full and final payment', with a registered power of attorney also issued by the aforesaid Parmod Kumar on 03.09.1996.

(3.) In the month of June 2004, when the appellant decided to construct a house over the plot, he approached the first respondent (HUDA) to enquire about any dues pending, upon which he was told that Rs.15,000.00 still remained to be cleared as the final amount due against the plot.