DAYA SHANKER Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) It is admitted case between the parties that plaintiff no.-1 had executed a registered general power of attorney (GPA) dated 9.2.1988 of his property in favour of defendant no.-1 Jitendra Kumar (son of Laxman Prasad). Then defendant no.-1 had executed sale-deed of disputed property on the basis of said power of attorney in favour of defendants no. 2, 3 and 4. Admittedly, defendants no. 2 and 3 are sons of Laxman Prasad and real brother of defendant no.-1 Jitendra Kumar. It is also admitted that defendant no.-4 Sharda Dutt is real father-in-law of defendant no.-1 Jitendra Kumar. It is also admitted that on the basis of power of attorney, the sale-deed was executed on 3.8.1991, but it was not registered that day, and its registration proceeding was performed and completed on 26.2.1992. It is proved from the evidences, although it was not admitted by defendants, that plaintiff has sent registered notice dated 3.10.1991 to defendant no.-1 for cancellation of registered power of attorney, which was served on him.

(3.) Plaintiffs had filed suit for cancellation of sale-deed dated 3.8.1991 executed by defendant no.-1 (the power of attorney holder) in favour of defendants no. 2, 3 and 4 on the ground that this was executed without authority and without any consideration, as a result of conspiracy committed by defendant no.-1 with his brothers defendants no. 2 and 3 and father-in-law defendant no.-4. This ground was also taken that this sale-deed was executed without any bona fide or good faith, and was got executed for prejudicing the rights of plaintiff and defendant no.-5 over disputed property.