LAWS(ALL)-2020-5-37

RAVINDRA KUMAR Vs. STATE OF U.P.

Decided On May 19, 2020
RAVINDRA KUMAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Anupam Kulshrestha, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) Learned counsel for the petitioner submits that he does not want to press the prayer no.1 of the writ petition and confined his relief in respect of prayer nos. 2 to 5 only.

(3.) Learned counsel for the petitioner argued that one Shri Rakesh Chandra Sharma and his wife Smt. Kunti Sharma had purchased plot nos.26 and 27 measuring area 324 Sq. meters in Khasra Nos. 86/3, 86/2, 83, 84/2, 87/2 situated in village Navada, District Bareilly by registered sale deed dated 14.02.1989 and thereafter, their names were recorded in the revenue records. Thereafter, the aforesaid couple on 14.03.2004 executed a power of attorney in favour of the petitioner in respect of the said property. It is also submitted that in the aforesaid power of attorney, the signatures of the persons were attested by a notary/ advocate whose registration number and all the details were mentioned in the seal on the stamp paper. Thereafter, petitioner on 29.07.2013 presented three sale deeds to be registered in the office of the Sub Registrar Ist, Bareilly (respondent no.3) in respect of the same property, which was bequeathed upon the petitioner through the Power of Attorney dated 14.03.2004 by Shri Rakesh Chandra Sharma and Smt. Kunti Sharma. It was further argued that the first sale deed was in respect of area 108.693 square meters, second sale deed was in respect of area 108.3 Sq. meters and the third sale-deed was in respect of the area 107.02 sq meters and the total area of the above sale-deed is 324 sq. meters, for which area, the petitioner has been given Power of Attorney by the aforesaid couples.