Afghan National Ass'n v. Akbar

WARNE, J. pro tem. * This is an appeal from a judgment quieting title to certain real property.

[98]The respondent is a benevolent corporation organized and existing under the laws of the State of California. All of the members of the corporation are natives of India. In 1949 the corporation purchased the subject property of this action at a price of $25,000, paying $7,500 down and the balance on monthly payments. The corporation and some seven members, including the defendant, contributed varying amounts of money to the down purchase price. By this means said $7,500 was paid in cash with the exception of $2,200 which the seller took on a short-term promissory note of the corporation. The balance of the purchase price was secured by two deeds of trust, one in the amount of $5,000 and the other in the amount of $12,500, both of which were to be paid in monthly installments. There was no agreement that the contributing members were to be repaid.

On the 3d day of July, 1951, the subject property was conveyed by the corporation to the appellant by a deed signed by the corporation’s then president, Abdul Jofur, and the corporation’s then secretary, Akbar Khan. The purported conveyance of the subject property was the result of negotiations between the persons who had in the year 1949 contributed the down payment and Abdul Jofur.

There is evidence that at least on one occasion appellant offered to reconvey the property to the respondent if he could be secured reimbursement for certain expenditures made by him. The cash portion of the purchase price allegedly to be paid by appellant for the property was not to go to respondent but rather to those who negotiated the alleged sale to 'appellant, they being the members who contributed the money to the corporation to purchase the property in the first instance. At least $3,900 of the purchase price allegedly paid to the respondent corporation by appellant was refunded to him, the remainder going to persons other than the respondent.

In its complaint respondent alleged that it is the owner of the property in question; that the defendant claims to have some right, title, lien or interest in and to said property adverse to plaintiff’s title; that the claim of said defendant is false, frivolous and without any valid right; that defendant has no right, title, lien or estate in said property. Respondent further alleged that the deed conveying the interest of the respondent to the appellant was executed by the president and secretary of the corporation without authority; that the signatures of the respective officers were obtained by means of misrepresentation and fraud practiced upon them by appel