RAHUL Vs. ALLIED REALITY PRIVATE LTD AND ORS

JUDGEMENT

(1.) Present suit has been filed for declaration/cancellation of documents and injunction. By the present suit the plaintiff has sought cancellation/annulment of the following documents :-

(2.) Learned counsel for the plaintiff states that unregistered Power of Attorney dated 18th May, 2004 is fraudulent inasmuch as the same was never executed by the plaintiff. He further states that on 18th May, 2004 the plaintiff was a minor of hardly fourteen years of age, as his date of birth is 12th March, 1990. He submits that as the chain of documents with regard to the suit property comprising 4 bighas and 8 biswas situated in the Village Kaidpur Kushak, Delhi is based on a null and void Power of Attorney dated 18th May, 2004, all the three subsequent Power of Attorneys/Sale Deed have to be cancelled/annulled.

(3.) In the present case defendant nos. 1, 3 and 4 have chosen not to appear. Though defendant no. 2 filed a written statement and also led his evidence, he has expired during the pendency of present proceedings. This Court has not deemed it appropriate to implead the legal heirs of defendant no. 2 as admittedly the defendant no. 2 has further sold the property.