JAHANGIR PATEL Vs. PATHRU

JUDGEMENT

(1.) This second appeal is preferred by the plaintiff in O.S.No.80/2011 before the learned Senior Civil and JMFC, Jewargi, which ended in dismissal and the appeal filed before the learned III Additional District and Sessions Judge, Kalaburagi in R.A.No.8/2018 was dismissed.

(2.) The parties are referred to as per their ranks before the learned Trial Court in the course of this judgment for the sake of convenience.

(3.) The appellant is the plaintiff before the Trial Court and respondent Nos.1and 2 were defendant Nos.1 and 2 respectively. Suit in O.S.No.80/2011 was filed seeking a declaration that the plaintiff is the absolute owner of suit land bearing Survey No.65/3, Khata No.652, measuring 1 acre 29 guntas and another piece of land bearing Survey No.65/4, Khata No.652, measuring 5 acres 5 guntas, situated in Jewargi taluk, Kalaburagi district and a declaration that the irrevocable power of attorney executed by the plaintiff in favour of defendant No.1 on 31.08.2009 is wrong, illegal and unenforceable in law and not binding on him and also for a declaration that the registered sale deed dated 06.09.2009 bearing document No.2609/2009-10 executed by defendant No.1 in favour of defendant No.2 is wrong, illegal and a sham document without consideration and not binding on him and further for a permanent injunction for restraining defendants or any person acting or claiming through them from causing obstruction or interfering with his possession and enjoyment of the suit lands and for costs. Defendant Nos.1and 2 had filed their separate written-statements before the Trial Court. The learned Trial Court has framed relevant issues for trial. During the trial, the plaintiff has examined his father, who was also his power of attorney for prosecuting the suit as PW.1 and Exs.P1 to P8 were marked. Defendant No.1 examined himself as DW.1 and Exs.D1 to D17 were marked for the defendants.