SANTU Vs. GAON SABHA GADAIPUR

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 21.2.2012. No one is present for the parties although it is 12.45 P.M. I have, therefore, perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 1.7.2004 dismissing the suit for injunction filed by the appellant/plaintiff. THE suit pertains to a property admeasuring 2.5 biswa, i.e. 125 sq. yds., situated in khasra No. 512/1, Village Gadaipur, Tehsil Mehruali, New Delhi. Before proceeding further, I may note that defendants were ex parte in the trial Court. No written statement was filed on their behalf. No evidence was led on behalf of the respondents/defendants, yet the trial Court dismissed the suit.

(3.) THE suit was instituted by the owner-Sh. Santu through his attorney, namely, one Sh. Goverdhan and at that stage Sh. Goverdhan must have purchased some rights in the suit land by means of a General Power of Attorney which was Ex.P.1. THEre are no disputes between Sh. Santu and the attorney-Sh.Goverdhan and in accordance with Section 202 of the Contract Act, 1872, rights created through Power of Attorney are recognized by Courts, including in the recent judgment of the Supreme Court in the case of Suraj Lamp Industries Pvt. Ltd. v. State of Haryana and Anr. 2012 (1) SCC 656, wherein paras 12, 13 and 16 read as under:-