K UMAR KHAN Vs. K AKBAR ALI

JUDGEMENT

(1.) The appellants are the defendants in the suit. By a registered sale deed dated 02.06.2010, they have purchased the suit property.

(2.) The suit was filed by the plaintiff / first respondent inter alia alleging that in view of the power of pre-emption agreement dated 05.11.1998 executed by the power of attorney of the original owner, the subsequent sale deed cannot be sustained and therefore, a decree should be passed declaring that the pre-emption agreement is valid and subsisting and consequently, the sale deed dated 006.2010 is sought to be declared as null and void.

(3.) Pending the suit, an application was filed by the appellants in A.No.3142 of 2014 seeking to reject the plaint on the premise that there is no authorisation given by the principal in favour of the agent in pursuant to the power of attorney deed dated 08.02.1979 or 02.01.1989, as the case may be. It is the specific case of the appellants that both the deeds, even assuming that they are true, do not convey such a power to enter into the deed of pre-emption agreement. It seems that the power of attorney deed dated 08.02.1979 is a registered one, as against the subsequent one dated 02.01.1989. The pre-emption agreement was also said to have been entered into on 05.11.1998, which is nearly ten years after the subsequent unregistered power of attorney deed.