ISHWARAPPA Vs. ARUNKUMAR

JUDGEMENT

(1.) THE Appeal filed against the judgment and decree in R. A. No. 66/99 on the file of the Addl. Civil Judge (Sr. Dn. ). Hubli, arising out of the judgment and decree passed in O. S. No. 483/96 on the file of the III Addl. Civil Judge (Jr. Dn.), Hubli.

(2.) THE appellant is the defendant. The respondent-plaintiff filed a suit for declaration that the Power of Attorney executed by the plaintiff in favour of the defendant at ex. D. 13 has been revoked and that the defendant does not have the authority of agency to represent the plaintiff under the power of Attorney. Further, seek an injunction against the defendant not to deal with the suit property.

(3.) PLAINTIFF was employed in Indian Army. He was allotted a site. The plaintiff executed power of Attorney Ex. D. 13 in favour of defendant to attend to the construction of the building on the suit site and thereafter its management. It is said that defendant misusing the Power of Attorney indulged in excessive and reckless borrowings fastening unreasonable liabilities on the plaintiff. Therefore seek a relief declaration with a consequential relief of injunction against the defendant not to deal with the suit property any more. The defendant contends that he has borrowed loans in his individual capacity and also borrowed loans on the strength of Power of Attorney from several persons and financial institutions encumbering the suit property. The defendant contends that, apart from the private loan of Rs. 5 lakhs incurred, loans are also borrowed from Cooperative Societies in his individual capacity. The defendant contends that without settlement of accounts, the Agency cannot be terminated and prayed for dismissal of the suit.