- (1.) Heard learned counsel for the parties and perused the record.
(2.) Briefly stated the facts of the case are that plaintiff Arun Kumar Rai has executed a registered general power of attorney dated 5.8.2005 in favour of Smt. Meenakshi Gami, wife of Sri Anil Kumar Gami- petitioner in this case which is said not to have been cancelled or revoked till date and is still in force. Defendant/respondent allotted a plot of land ad measuring 255 sq. mtrs. bearing plot no.46, Block-A, Sector-31, NOIDA, Gautambudh Nagar in favour of plaintiff no.2 through a letter of allotment dated 8/15.7.03 to be settled with him on lease hold basis for a total premium of Rs.15,3000/-. Plaintiff/appellant no.2 paid a sum of Rs.6,12,000/- being 4o% of the plot premium within 30 days as stipulated in the letter of allotment and the defendant executed a registered lease dated 13.8.2003 in favour of the plaintiff no.2 indicating the balance premium of Rs.9,18,000/- to be paid as per schedule in 8 instalments set forth in the lease deed.
(3.) The plaintiff/appellant no.2 desired to transfer his lease hold rights in favor of the plaintiff no.1 and for the said purpose both the plaintiffs/appellants jointly filed an application dated 29.9.2003 for issue of a transfer memorandum to the defendant seeking permission to transfer the said plot, subject to payment of transfer charges at Rs.1,08,375/- remitted through demand draft no.105867 and Rs.1,000/- towards processing fee remitted through demand draft no.466284 purchased from Cenara Bank duly supported by a joint affidavit of the plaintiffs, No Objections Certificate dated 25.9.2003 was issued by the Defence Services Co-operative Housing Society and the NOIDA Water Works.;