BIDHAN CHAND BISWAS Vs. PRAKASH CHAND BANSAL

JUDGEMENT

(1.) NO one appears for the caveators. Caveat stands discharged.

(2.) EXEMPTION allowed subject to just exceptions. C.M. stands disposed of.

(3.) THE respondent nos.1 and 2/plaintiffs are husband and wife. Respondent no.1/plaintiff no.1 purchased the suit property from one Smt. Dharamwati Shukla on 22.10.1997. The rights in the suit property were purchased by means of the usual documents being the agreement to sell, power of attorney, Will, receipt etc, and which documents have been proved and exhibited before the trial court as Ex.PW2/1 (general power of attorney), Ex.PW2/3 (agreement to sell), Ex.PW2/4 (affidavit), Ex.PW2/6 (Will) and Ex.PW2/2 (money receipt). The agreement to sell and the power of attorney are the registered documents i.e they are registered before the sub -Registrar. Respondent no.1/plaintiff no.1 after purchase of the property transferred the same in the name of his wife/respondent no.2/plaintiff no.2. Smt. Dharamwati Shukla from whom the respondent no.1 purchased the property 'cancelled' the documentation executed in favour of respondent no.1/plaintiff no.1 by a Cancellation Deed dated 4.5.2001 and whereafter Smt. Dharamwati Shukla executed the usual documents being the general power of attorney, agreement to sell etc on 9.5.2001 in favour of the defendant no.1/appellants who are legal heirs of the defendant no.1 with respect to the suit property. Suit was thus filed to questions the Cancellation Deed dated 4.5.2001 and for declaration of respondents/plaintiffs as owners of the suit property