SHANTI DEVI Vs. PARVINDER

JUDGEMENT

(1.) C.M. No.18494/2014 (u/S. 151 CPC)

(2.) ALLOWED subject to all just exceptions.

(3.) AT the hearing, it was contended by learned counsel for appellants -defendants that the respondent -plaintiff cannot proceed with their suit for possession on the basis of General Power of Attorney, as General Power of Attorney sales have been held to be not valid by the Apex Court in Suraj Lamp & Industries Vs. State of Haryana & anr. : (2012) 1 SCC 656. It was vehemently urged by learned counsel for appellants that without the consent of co -sharers, the suit property cannot be sold and due to this infirmity, the suit of the respondent -plaintiff is not maintainable and the impugned judgment deserves to be set aside and the trial court judgment ought to be restored.