MADAN LAL VAID Vs. NAND KUMAR WALIA

JUDGEMENT

(1.) By this order I propose to dispose of application no.7494/1999 under Order VII Rule 11 Civil Procedure Code read with Section 151 Civil Procedure Code filed by the defendants for relecting the suit of the plaintiff for want of cause of action.

(2.) Briefly stated, the farts in the background are This suit has been filed by Mr. Madan Lal Vaid against his son and daughter-in-law who are defendants 1 and 2 respectively, seeking decree for possession, declaration and permanent injunction in respect of half portion of property bearing no. 9/6075, kashyap Marg (Behind Police Station) Gandhi Nagar, Delhi measuring 85 sq.Yds and also the decree of declaration to the effect that power of attorney dated 5/10/1994 and other documents namely will dated 13/2/1995 executed by the plaintiff in favour of the defendants 1 and 2 is null and void as these have been cancelled by Deed of Cancellation of General Power of Attorney dated 26/7/1995. It is pleaded in the plaint that the plaintiff is the owner of the property bearing no. 9/6075, kashyap Marg, Gandhi Nagar, Delhi constructed on plot no.161 measuring 180 sq.yds which was purchased from Shri Abhey kumar resident of Kamla Nagar, Subzi Mandi, Delhi vide registered sale deed dated 24/7/1959 from his own funds. Besides, the plaintiff is also an allottee of stall no. 4 situated near she Recruiting Office opposite Old Lajpat Rai Market, Delhi which was allotted by the Municipal Corporation of Delhi vide letter dated 28/3/1981. It is alleged in the plaint that the plaintiff executed a respect of a portion of the built up property No. 9/6075 measuring 90 sq.yds out of 180 sq.yds under undue influence and fraud played by the defendants. The said power of attorney was registered on 5/10/1994. Besides, the plaintiff was also forced to execute a will in favour of the defendants in respect of the said property on the same date. It is further alleged that the plaintiff also executed a WILL in favour of defendant no.2 in respect of aforesaid stall no.4 situated near Recruiting Office, Opposite Old Lajpat Rai Market, Delhi on 13/2/1995 under pressure. It is alleged that these aforesaid documents were executed by him on misrepresentation and under undue influence of the defendants who had assured to look after him and maintain the properties according to his wishes as the plaintiff is about 80 years old and also not keeping well. But the defendants failed to keep up their promises and misbehaved with the plaintiff whereupon the plaintiff severed all his relationship with the defendants and disinherited the defendants and their children from all his properties. Later on the plaintiff cancelled the aforesaid General Power of Attorney executed in favour of the defendants on 5/10/1994 vide registered Deed of Cancellation of General Power of Attorney on 26/7/1995. The plaintiff also got published two pubic notices in the Statesman dated 30/9/1995 and 18/1/1996 and in Dainik Jagran dated 17/2/1996 in this regard. The plaintiff also issued two legal notices both dated 9/9/1996 separately to defendants 1 and 2 intimating them about the cancellation of the aforesaid the said portion of the property bearing no. 9/6075, Kashyap Marg, Gandhi Nagar, Delhi against wishes of the plaintiff. The plaintiff, therefore, filed the present suit seeking possession of the half portion of the property bearing no. 9/6079, Kashyap Marg, Gandhi Nagar, Delhi, besides a declaration to the effect that the said documents viz, power of attorney dated 5/10/1994 stand cancelled.

(3.) It may be pointed out here that in the amended plaint dated 16/11/1998, the plaintiff has alleged that from the written statement filed by the defendants 1 and 2 he has come to known that the defendants have illegally and wrongly executed a sale deed dated 9/6/1995 in favour of Shri Manoj Kumar defendant no.3 who is the brother of defendant no.2 for a sum of Rs.90,000.00 and this sale deed was got executed on the basis of General Power of Attorney earlier executed by the plaintiff in their favour. So in the amended plaint, the plaintiff also sought a declaration to the effect that sale deed dated 9/6/1995 executed by the defendante in favour of Shri Manoj Kumar in respect of half portion of property no. 9/6075, Kashyap Marg, Gandhi Nagar, Delhi is null and void and is not binding on the plaintiff.