RAM MURTI SINGH SISODIA Vs. PRATAP SINGH SISODIA

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dtd. 10/2/2004 dismissing the suit for partition filed by the appellant/plaintiff. The suit for partition has been dismissed on two counts. The first count is that the appellant/plaintiff has not paid the appropriate Court fees as the suit is valued at Rs.10.00 lacs and Court fees of only Rs.50.00 has been filed. The second count on which the suit has been dismissed is that a power of attorney executed by the original owner in favour of the parties to the suit does not confer any ownership rights.

(2.) The facts of the case are that four parties to the suit i.e. one plaintiff/appellant and the three defendants/respondents, are brothers and who purchased rights in the suit property being plot No.C-155, Bhagat Singh Colony, New Usmanpur, Delhi-53 from Ms. Bimla Devi vide a registered general power of attorney dtd. 15/10/1973. It was pleaded by the appellant/plaintiff that he had another property and therefore on his behalf his brother-in-law (sala), Sh. Devendra Singh Chauhan was staying in the suit property and when he left, the defendants started creating problems forcing him to send a legal notice dtd. 26/5/1997 which was followed up by another legal notice dtd. 14/12/2001 demanding his share in the suit property. As the defendants refused to partition the suit property, the subject suit came to be filed.

(3.) Out of the three defendants, defendant No.3 supported the appellant/plaintiff. Defendant Nos.1 and 2 contested the suit and pleaded that the power of attorney did not create any rights in the suit property. It was further pleaded that the suit was liable to be dismissed as the appropriate Court fee on the valued amount of Rs.10.00 lacs was not paid. The right of the appellant/plaintiff in the suit property was denied. It was pleaded that the suit was barred by limitation.