MANSA RAM Vs. TILAK

JUDGEMENT

(1.) This appeal has been filed by the appellant Mansa Ram against the judgment and decree dated July 08, 2011 passed by the learned Single Judge in CS(OS) No. 2077/2009 whereby the plaint filed by the appellant has been rejected by allowing application under Order VII, Rule 11 CPC being I. A. No. 3733/2010 filed by the respondents. Consequently, it was also ordered that the suit as well as all pending applications are also dismissed.

(2.) The relevant brief facts of the matter are that the appellant had filed the suit for declaration praying for cancellation of General Power of Attorney dated September 05, 2003 and the sale deed dated November 03, 2006 against the respondents, namely, Tilak and Sanjeev Kumar. The appellant claims that he has been in the continuous and undisturbed possession of 6 Bighas of land comprised in Khasra No. 296/112/1 situated in the revenue estate of Vill. Khajuri Khas, New Delhi.

(3.) The case set up by the appellant against the respondents is that respondent No. 1 had obtained Power of Attorney dated September 05, 2003 by fraud and misrepresentation holding out that under the power he would manage and look after the lands since the appellant was of old age. The respondent No. 1 had executed the sale deed dated November 03, 2006 on behalf of the appellant by using the fraudulently obtained Power of Attorney. The specific averments are made in paras 14 to 23 and paras 30, 31 & 39 of the plaint.