ALI HUSSAIN Vs. RABIYA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 18th August, 2008 passed by the High Court of Uttarakhand in Second Appeal No. 1341 of 2001.

(2.) The facts in brief are that the first respondent-plaintiff filed a suit against the defendant-appellant for cancellation of sale deed dated 10th May, 1995 registered in Sub-Registrar Office, Jagadari, Roorkee on 22nd May, 1995. According to the plaint, the plaintiff-first respondent Smt. Rabiya inherited the property shown in the schedule of property indicated at the foot of the plaint, from her father late Sri Ahamad and is the owner and in possession of the suit property in question. It was further averred that the impleaded defendants in the suit (defendant nos.1 and 3, Ali Hussain and Abdul Hassan) are the sons of her great grandfather and impleaded defendant no. 2 Smt. Raquiba, is the wife of Ali Hussain (impleaded defendant no. 1).

(3.) It was averred in the plaint that the impleaded defendant no.1 (appellant) in order to grab the suit property of the plaintiff-respondent, got prepared a forged registered power of attorney, in the name of the plaintiff-first respondent on 25th April, 1995 and on the basis of the forged power of attorney, sold the suit property by a registered sale deed for a consideration of Rs. 1,50,000/- on 10th May, 1995 in favour of defendant nos. 2 and 3 (Smt. Raquiba and Abdul Hassan). According to the plaintiff-first respondent, the sale price of the suit property could not be less than Rs. 3,00,000/-. It is also alleged in the plaint that there is no recital as to who had actually received the sale consideration and she is in actual possession of the suit property and the forged sale deed was never acted upon. It was prayed for the decree for cancellation of power of attorney and the sale deed obtained by playing fraud.