RANBIR SINGH Vs. DALBIR SINGH

JUDGEMENT

(1.) Undisputedly, respondent No.1 Dalbir Singh, was the recorded bhumidar of 40 bigha and 16 biswa of land comprised in khasras No.1656, 1657, 1658, 1659, 1672, 1673, 1674, 1675 and 1666, Mauja Chattarpur, Tehsil Mehrauli, Delhi (hereinafter referred to as the 'Suit Property') and that his son-in-law Karnail Singh, acting on the basis of the General Power of Attorney allegedly executed by Dalbir Singh, had sold the suit property to respondent No.3, M/s Homestead. Dalbir Singh had filed a suit, bearing No.2830/1991 in this Court, alleging therein that he is the owner of the suit land and that his son-in-law had fraudulently sold the suit property to respondent No.3, M/s Homestead, by forging his signatures on a power of attorney. Prayer made in the suit was to declare the nine sale deeds executed by his son-in-law, conveying title in the suit property in favor of respondent No.3, as null and void. Due to change in pecuniary jurisdiction of this Court, the aforesaid suit came to be transferred to the court of District Judge, Delhi and got renumbered as Suit No.389/1993 in which suit, on being informed by respondent No.3 that it had sold the property to the appellant, the appellant was impleaded as a defendant.

(2.) In the year 1994 the respondent No.1 filed an application in suit No.2830/1991 (re-numbered as 389/1993) praying therein that he be permitted to withdraw the said suit stating that he has amicably settled the matter with his son-in-law and respondent No.3.

(3.) Vide order dated 29.04.1994 the learned Additional District Judge dismissed suit No.2830/1991 (re-numbered as 389/1993) as withdrawn.