SHAKUNTALA CHAWLA Vs. OM PRAKASH CHAWLAQ

JUDGEMENT

(1.) THIS suit has been filed by the Plaintiff for cancellation of the sale Deed dated 8th March, 2001 executed by Defendant No. 1 in favour of defendant No. 2 and pass a decree of possession in favour of Plaintiff and against the Defendants in respect of first floor and constructed portion of second floor and a room over garage in property no. 4, Tagore Park, Delhi. A prayer is also made for passing a decree of permanent injunction restraining defendants from transferring and alienating the suit property (during pendency of the suit ).

(2.) THE Plaintiff claimed that she had signed certain documents viz. Special Power of Attorney (SPA), General Power of Attorney (GPA) and Will, in the year 1998. These documents were got signed from her by her devar, defendant no. 1, on the pretext that the same were required for running of partnership firm business smoothly. However, in June, 2003 she learnt from her son, who was also a partner in the partnership business, that the documents signed by her were actually in respect of transferring the title of property no. 4, Tagore Park, delhi. The Plaintiff got shocked and after making efforts, she searched the documents signed by her in the office of Sub-Registrar, Kashmere Gate, Delhi and immediately thereafter she executed a deed cancelling the documents in July, 2003. However, the documents had already been acted upon and on the basis of gpa executed by her in respect of property no. 4, Tagore Park, Delhi the property was transferred by Defendant No. 1 in favour of Defendant No. 2 vide the impugned sale deed, for the cancellation of which she has filed the present suit.

(3.) AFTER filing the suit, a statement of the Plaintiff was recorded under Order 10 Rule 1 CPC. In her statement before the Court she admitted that she was a graduate and could write and read English and she had a son, who was also a graduate. She admitted that she appeared before the Sub-Registrar for registration of the documents in the year 1998. However, she took the stand that she had not read the power of attorney executed by her and got the same registered without reading it though she was educated. She stated that she signed the documents hurriedly and she was not sure what was signed on 13th february, 1998 and she could not say how much time was spent by her in the Sub-Registrar's office. Her husband had died in the year 1986 and after that she had become partner with her devar in the firm in which her husband was the partner. Her son had also become partner and the partnership was still continuing. She lodged no criminal complaint against her devar despite her plea that she learnt about her devar having played a fraud upon her in the year 2003.