CHAMELA Vs. MAHRAJDIN & OTHERS

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel, assisted by Sri Mohd. Aslam Khan, learned counsel for the appellant and Sri Anurag Narain who has put in appearance on behalf of the respondents.

(2.) This second appeal has arisen against the judgement and decree dated 10.4.1981 rendered in Civil Appeal No. 167/79 reversing the judgement and decree rendered by the trial court on 7.5.1979 in Regular Suit No. 173/78. The appeal was admitted by order dated 29.5.1981, however, substantial questions of law came to be framed when the appeal was heard on 9.5.2019. The substantial questions of law framed by this Court read as under:

(3.) Briefly stated, the facts of the case are that one Smt. Chamela brought about a suit for cancellation of registered power of attorney allegedly obtained by impersonation on 29.7.1976 as well as for cancellation of the sale deed dated 4.8.1976 through such attorney impleading the purchasers of the property as defendants no. 1, 2 and 3 as well as the attorney holder as defendant no. 4. After exchange of pleadings, the trial court proceeded to frame two issues. The first issue was framed to the effect "as to whether the power of attorney as well as the sale deed, in view of what was stated in paragraph 6 of the plaint, was liable to be cancelled" and the second issue was "as to whether, in view of what was stated in paragraph 6-A of the plaint, the sale deed and the power of attorney were liable to be cancelled".