SURAJBAI Vs. CHHEDILAL SHUKLA

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellants/plaintiffs are as under:

(2.) The plaintiffs herein filed a suit for declaring the sale deed dated 27.12.2000 (Ex.P1) (which was subject to proceeding under Section 47A of the Indian Stamp Act, 1899 before the Collector of Stamps on that day) executed by defendant No.2 in favour of defendant No.1 on the strength of power of attorney dated 7.12.1996 (Ex.P7) (registered on 12.12.1996) executed by the plaintiffs in favour of defendant No.2 stating inter alia that the plaintiffs have already revoked the power of attorney executed in favour of defendant No.2 on 30.12.1999 (Ex.P6) and therefore, defendant No.2 has no right and authority to alienate the suit property in favour of defendant No.1.

(3.) Resisting the suit, defendant No.1 remained exparte, whereas defendant No.2 filed his written statement and denied the averments made in the plaint stating inter alia that the alleged revocation has not been informed to him and he has sold the suit land for and on behalf of the plaintiffs, as such, the suit is liable to be dismissed.