NARAIN SINGH Vs. RUBI AND ANOTHER

JUDGEMENT

(1.) The appellant-defendant No.1 is in Regular Second Appeal against the judgment and decree dated 03.08.2015 rendered by the Lower Appellate Court, whereby, judgment and decree dated 31.07.2014 of the trial Court dismissing the suit, has been modified.

(2.) It would be apt to give factual matrix of the suit.

(3.) Plaintiff-Respondent No.1 instituted a suit in the month of July, 2008 claiming declaration to the effect that plaintiff is legally entitled to the flat to be constructed by defendant no.2, i.e., The New Haryana Officer Cooperative Group Housing Society Limited, GH-2, Sector 6 MDC, Panchkula in place of defendant no.1/appellant-Narain Singh being bonafide member of the Society being allottee of plot No.GH 2, Sector 6, MDC, Panchkula on the basis of documents, i.e., agreement dated 17.12.2004, registered General Power of Attorney dated 17.12.2004 and Will dated 22.02.2007 against the receipt of Rs. 10,80,000/- by challenging the cancellation of all the documents with a consequential relief of permanent injunction restraining defendant no.1 from alienating share in defendant no.2 on the premise that defendant no.2 was a registered Group Housing Society and defendant No.1 became a member of the same and had deposited the required amount of the share entitling him to a dwelling unit/flat to be constructed by the Society. A share certificate was also issued for construction of the multi-storey flats in the site duly allotted by the Estate Officer, HUDA, Panchkula.