SMT. VIDYAVATI SINGH Vs. HARVINDER SINGH AND OTHERS

JUDGEMENT

(1.) Present appeals were heard analogously and are decided by this common judgment for the reason that both the suits were filed by the same plaintiff Smt. Vidyavati Singh seeking cancellation of Power of Attorney, consequent sale deeds and for recovery of possession as also for permanent injunction against two different defendants. It is also for the reason that the Power of Attorney holder who has executed the sale deed is also one and the same and the materials placed before the Trial Court were also similar in nature. There being some differences in the evidence of purchasers who are different in both the suits, only this part dealing with the evidence of purchaser will be dealt with separately. First Appeal No. 161 of 2013 :

(2.) The Trial Court has dismissed the plaintiff s/appellant's suit for declaration of the Power of Attorney dated 30.7.2002 and the sale deed dated 13,8.2003 as null, void and inoperative. The Power of Attorney was purportedly executed by the plaintiff in favour of her son defendant No. 2-Rajkishor Singh where as the sale deed was executed by the defendant No. 2 in favour of the defendant No. 1-Harvinder Singh. By amending the plaint, the plaintiff also prayed that the subsequent sale deed executed by the defendant No. 1 in favour of the defendant No. 4 Nanesh Builder Pvt. Ltd. be also declared null, void and inoperative. It was also prayed that the land acquisition proceedings initiated by the defendant No. 5-Naya Raipur Development Authority for acquisition of the suit land or part thereof be also declared null, void and inoperative. The plaintiff further prayed for recovery of possession and permanent injunction against the defendants No. 1, 4 and 5.

(3.) For brevity, the defendant No. 1-Harvinder Singh shall be hereinafter referred to as 'the first purchaser'; similarly defendant No. 2-Rajkishor Singh shall be hereinafter referred to as 'the Power of Attorney holder'; No. 4-Nanesh Builder Pvt. Ltd. shall be hereinafter referred to as 'the subsequent purchaser'; and No. 5-Naya Raipur Development Authority shall be hereinafter referred as 'the NRDA'.