JUDGMENT :

HEMANT GUPTA, J.

1. The present appeal has been filed by the original defendant against the judgment and decree passed by the High Court on 25.02.2010 upholding the findings of the first Appellate Court dated 19.12.1999 whereby the decree of the Trial Court was affirmed.

2. The plaintiff-respondent was allotted a residential plot No. D-49, Sector-30, Noida¹[Hereinafter referred to as ‘Sector 30 Plot’] as a member of the Defence Services Cooperative Housing Society on 06.10.1981. The possession of the plot was handed over to him on 24.08.1991.

3. However, prior to the allotment of the said plot, plot No. 84, Sector-15A, Noida²[Hereinafter referred to as ‘Sector 15A Plot’] was allotted to Smt. Amila Singhvi, wife of the plaintiff on 10.03.1981. As per the pleaded case of the plaintiff, there was an uncertainty on account of litigation between the Society of which he was a member with the appellant authority. Therefore, the plot at Sector 15A was applied for, which was allotted to the plaintiff’s wife on 10.3.1981. It was pleaded that since the plaintiff was interested in Sector 30 plot as member of the Society, therefore, the wife of the plaintiff transferred the Sector 15A pl