RAJESH AGGARWAL Vs. JASBIR

JUDGEMENT

(1.) ALL these appeals arise from four identical judgments of the trial court whereby the suits of the plaintiff/appellant for declaration that the subject sale deed of the land of the plaintiff/appellant executed by defendant no.1 allegedly as attorney of plaintiff in favour of defendant no.2 are null and void were dismissed on the ground that the appellant/plaintiff failed to prove his case including that the defendant no.2 was not a bonafide purchaser of the suit property. The plaintiff also was declined the relief of intimation to the sub-Registrar to cancel the fabricated sale deed executed by defendant no.1 in favour of defendant no.2. ALL other issues have been decided in favour of the appellant/plaintiff. For the sake of convenience, reference is made to the facts of RFA No.281/2002.

(2.) THE appellant/plaintiff filed the subject suit for declaration seeking that the sale deed executed by defendant no.1 in favour of defendant no.2 is null and void because the sale deed was executed on the basis of power of attorney, and which power of attorney was in fact never executed by the plaintiff in favour of defendant no.1. THE case of the plaintiff/appellant was that the defendant no.1 was a land grabber and he used to regularly indulge in these actions. It was further the case of the appellant/plaintiff that the appellant/plaintiff always continued to be in actual physical possession of the suit property and there was no question of the defendant no.2 being in possession of the suit property.

(3.) EXCEPT issue nos. 1, 2 and 7, the findings of the other issues were in favour of the plaintiff. I have, therefore, only to consider the validity of findings with respect to issue nos. 1, 2 and 7.