VAGHER REMATBAI HUSSAINMAMAD Vs. DALUBHAI OKHABHAI PATEL

JUDGEMENT

(1.) THE applicants are original plaintiffs who claimed to be heirs of one Hussain Mamad who is said to have died about 14 years ago. The respondent No.3 ­ original defendant No.3 is also one of the heirs of said Hussain Mamad. Said Hussain Mamad owned the suit property. On his death the applicants and respondent No.3 became the owners of the suit property by virtue of relevant provisions under the Mohammedan Law.

(2.) DEFENDANT No.3 was alleged to have executed a power of attorney in favour of defendant No.2 allowing him to alienate the suit property. It is not in dispute that none of the plaintiffs were signatory to the said power of attorney deed.

(3.) A suit came to be filed being Special Civil Suit No.123 of 2012 by applicants making an averment that, since an attempt was being made to get revenue entry entered in respect of the land in question, they learnt about the sale on 1.3.2012 when they secured certified copy of the revenue record wherefrom they learnt that the defendant No.3 had entered himself as the only heir in the revenue record on 14.3.2012. Both the sale deeds have been questioned in the suit and partition is also sought.