MUKHTYAR AHMAD Vs. MANGTA HUSAIN

JUDGEMENT

(1.) Heard Sri Lok Pal Singh, Advocate for the appellant and Sri Pradeep Kumar Chauhan, Advocate for the respondents.

(2.) This appeal is directed against the judgment and decree dated 25-10-2010, passed by Civil Judge (Sr. Division), Haridwar in origial suit No. 158 of 2006, Mangta Husain and another versus Mukhtyar Ahmad and another, as well as the judgment and decree dated 19-8-2011, passed by District Judge, Haridwar in Civil Appeal No. 64 of 2010, Mukhtyar Ahmad vs. Mangta and others.

(3.) Briefly stated the facts of the case, giving rise to this appeal, are that original suit No. 158 of 2006, was filed by respondent Nos. 1 and 2 with the averment that their father Rafiq Ahmad was the owner in possession of the land of Khata No. 292, Khasra No. 1303, measuring 0-262 hectare situated in village Ahmadpur Kadachh Pargana Jwalapur, Tehsil and District Haridwar. After the death of Rafiq Ahmad on 22-4-1998, the plaintiffs became the owner of the land and upon intervention by defendant/appellant original suit No. 149 of 2004, Husain versus Mukhtyar and others was filed for permanent injunction, which is pending. In that suit the defendant/appellant filed his written statement alleging that he has acquired this property vide sale-deed dated 15-4-2004, executed by Ranjeet Metra (defendant No.2) in favour of Mukhtyar Ahmad (defendant No.1). The plaintiff's case is that the said sale-deed is void and ineffective. They have denied the execution of any power of attorney by Rafiq Ahmad in favour of Ranjeet Metra and even if the sale-deed was executed on the basis of such attorney, then it became ineffective on 22-4-1998 after the death of Rafiq Ahmad, and no sale-deed can be executed on behalf of any such power of attorney on 15.4.2004. Therefore, the plaintiffs filed the suit for cancellation of sale-deed dated 15-4-2004 executed by Ranjeet Metra in favour of Mukhtyar Ahmad as power of attorney holder of Rafiq Ahmad after his death.