Indermeet Kaur, J.—This appeal has impugned the judgment and decree dated 31.7.2003 which had endorsed the findings of the trial Judge dated 4.2.1989 whereby the suit filed by the plaintiff Harikesh seeking a declaration to the effect that the agreement to sell dated 28.5.1980 executed between himself and the defendant be declared null and void had been dismissed. Relief seeking decree of permanent injunction had also been declined.

2. The plaintiff is stated to be the allottee and lessee of shop No.217, Block Z, Naraina Ware Housing Scheme, Naraina, New Delhi (hereinafter referred to as the ‘suit shop’). Sale deed or lease deed of the said shop had not been executed or registered in his favour. Defendant No.1 was the partner of the plaintiff. In good faith, defendant No.1 got executed certain documents from the plaintiff. The plaintiff was an illiterate man. The aforenoted documents comprised an agreement to sell dated 28.5.1980 and a receipt and Will of the same date two special power of attorneys dated 28.5.1980 had also been got executed by the plaintiff. In terms of the aforenoted agreement, the plaintiff had agreed to sell this shop to the defendant for a consi