ARCHANA MITTAL Vs. SHIKHA MITTAL

JUDGEMENT

(1.) Present Civil Revision Petition has been filed under Section 115 CPC read with Section 151 CPC against the impugned order dated 19.02.2020 passed by the learned Trial Court whereby the application of the Petitioner herein filed under Order VII Rule 11 CPC has been dismissed.

(2.) It was averred in the application by the Petitioner herein that the plaintiff/Respondent herein had only claimed right to recover possession on the strength of alleged Power of Attorney in favour of one Shri Ajit Mittal and an alleged Will made by him. It was further averred that Power of Attorney being an extension of the agency expires on the death of either the donee of Power of Attorney or the donor of the Power of Attorney and thus on the death of Shri Ajit Mittal, no Power of Attorney exists. Thus, the plaint deserves to be dismissed under Order VII Rule 11(d) CPC. Petitioner had also relied on the judgement of the Supreme Court in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana and Ors., SLP (C) 13917/2009 dated 11.10.2011 to contend that no title or ownership to an immovable property can pass on the basis of a Power of Attorney in the absence of a registered sale deed with respect to the property.

(3.) On the other hand, learned counsel for the plaintiff had contended that late Shri Ajit Mittal, husband of the plaintiff, had purchased the suit property through its erstwhile owner Smt. Prakashwati on 08.12.2000 vide registered GPA, Will and Receipt and Agreement to Sell and the possession was handed over to him. The GPA was irrevocable and thus subsists even after her death in terms of provisions of Section 202 of the Indian Contract Act, 1872. It was also contended by the plaintiff that the defendants therein were mere licensees in the suit property and had been allowed to stay therein by late Shri Mittal out of love and affection. They have no locus to thus challenge the title of late Shri Mittal in the suit property. Plaintiff had also averred in the reply to the application that Smt. Prakashwati expired on 02.07.2003 and in terms of the Will executed by her, the property devolved upon late Shri Mittal.