BELADEVI Vs. RAMJANAK

JUDGEMENT

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

(2.) The appellants herein/plaintiffs filed a suit for declaration of title and for recovery of possession pleading inter-alia that the suit land bearing Khasra No.385/4, area 1.294 hectares was owned by the plaintiffs and that land was used for business/residential purpose. Defendant No.2 taking advantage of the plaintiffs as they were staying outside city of Wadrafnagar, District Surguja got power of attorney executed in his favour on 10.10.1979 (Ex.D/1) and he allegedly executed sale deed dated 7.3.1980 (Ex.P/2) in favour of defendant No.1 and defendant No.1 got his name mutated in revenue records. Therefore, it be declared that they are owners of the suit land and they are also entitled for recovery of possession.

(3.) Defendant No.1 filed his written statement controverting the allegations made in plaint clearly stating that the plaintiffs had executed power of attorney in favour of defendant No.2 on 10.10.1979 (Ex.D/1) and on the strength of said power of attorney, he has executed sale deed in favour of defendant No.1 after receiving full amount of consideration, as such, the suit deserves to be dismissed.