ROYALWAR GANGARAM Vs. CHANDRAKANTH TAMBAKUWAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 22.10.2003 in IA No.247 of 2003 in OS No.18 of 1999 on the file of the Court of the Senior Civil Judge, Bodhan, Nizamabad District.

(2.) The revision petitioner is the second defendant in the suit, whose application filed under Order 13, Rule 10 of the Code of Civil Procedure (for short 'the Code') for summoning certain documents, was dismissed by the Court below.

(3.) The main suit was filed by the first respondent herein seeking a declaration that the Registered Sale Deed dated 16.7.1997 relating to the sale of the house bearing No.2-72 (old), 2-77 (new) situated at Madnoor Gram Panchayat is null and void. As per the plaint averments, the father of the plaintiff by name Uddav was the absolute owner and possessor of the said house. It is stated that his father died on 21.11.1990 and thereafter by virtue of the order of the Gram Panchayat, Madnoor dated 21.4.1992, the said house property along with other properties was transferred in his name and that he has been paying the house tax to the Gram Panchayat regularly. It is stated that the Gram Panchayat, Madnoor had already granted permission for construction of a new structure in the place of the said dilapidated house bearing No.2-72 (old), 2-77 (new). It is alleged that the first defendant (2nd respondent herein) who is his mother executed a Registered General Power of Attorney, dated 21.4.1994 in favour of the second defendant only for the purpose of managing her properties. However, the second defendant with a mala fide intention executed the sale deed in question in favour of the third defendant, in pursuance of which the third defendant has been trying to get the property mutated in his name. It is also pleaded that on 28.7.1997 the first defendant (2nd respondent) herein go the General Power of Attorney in favour of the second defendant cancelled.