MADAN LAL Vs. PUSHPA

JUDGEMENT

(1.) THIS Regular appeal is directed against the judgments and decrees dated 22.9.2004 and 20.7.2005 passed respectively by the Civil Judge (Junior Division), Ludhiana (hereinafter referred to as 'the trial Court') and the Additional District Judge, Ludhiana (described hereinafter as 'the First Appellate Court') whereby the suit and the appeal of the plaintiff-appellant have been dismissed.

(2.) THE appellant filed a suit for declaration and permanent injunction alleging that the defendant-respondent was a member of Adarsh Colony Cooperative House Building Society Ltd., Ludhiana, having membership No. 584 and she was allotted plot No. 265-A measuring 300 square yards in Rajguru Nagar. It was further alleged that after receiving full consideration, the respondent voluntarily transferred the said plot in the name of the appellant on 5.6.1993 and executed an affidavit duly attested by the Executive Magistrate to that effect. The appellant had pleaded that thereafter he approached the said society for transfer of the plot, but its office-bearers directed him to produce the respondent, who refused to honour the affidavit, as a result of which the plot could not be transferred in his name.

(3.) THE parties went to trial on the following issues:-