LAKHANLAL KURRE Vs. SARITA SANTWANI

JUDGEMENT

(1.) This plaintiff's second appeal (S.A.No.92 of 2009) under Section 100 of the CPC was admitted for hearing by formulating the following substantial question of law:-

(2.) Since both the appeals have arisen from Civil Suit No.155A/2008 and common judgment of the first appellate Court, therefore, both are clubbed together, heard analogously and are being disposed of by this common judgment.

(3.) Plaintiff-Lakhanlal Kurre and defendant No.1- Smt.Sukhwantin Bai are son and mother. The suit property was registered in their joint names. It is the case of the plaintiff (son) that defendant No.1 (his mother) on the basis of his forged general power of attorney dated 23.8.2005 sold the suit land in favour of defendant No.2 on 6.10.2005 and defendant No.2 got his name mutated in revenue records on 28.10.2005 necessitating the filing of suit for declaration that sale deed dated 6.10.2005 executed by defendant No.1 in favour of defendant No.2 is not binding on him and defendant No.2 be restrained from interfering with his peaceful possession.