MOHD MURTHUZA ALL Vs. ZAREEN TAJ BEGUM

JUDGEMENT

(1.) This Revision is filed against the order passed in I.A.No. 1093/90 in O.S.No. 228/90 on the file of Principal Subordinate Judge, Ranga Reddy District at Saroornagar,

(2.) The Suit was compromised between the G.P.A. holder of the defendant (petitioner in the I.A.) and the plaintiffs. The suit was filed for partition of suit schedule properties. After the compromise decree the petitioner who had given the General Power of Attorney to Mr. Ali Raza, has filed the present I.A. praying that the exparte decree should be set aside on the grounds of fraud, misrepresentation and forgery.

(3.) The petitioner in the I.A. in her affidavit stated that she came to know that the 1st respondent in the I.A. i.e., Murtuja Ali had instituted a Suit in the Court and one Mr. Ali Raza acted as her G.P.A. holder. The said G.P.A. holder entered into compromise on behalf of the petitioner representing that the petitioner agreed to deliver possession of her properties situated at Bangalore to the respondents. All her properties are situated at Bangalore, Karnataka State. She does not own any property at Hyderabad. It is a surprise to her that how the Suit was filed in a Court at Hyderabad. All the respondents are strangers to her and they are not related, even distantly to her. She has not even seen any one of them. She suspected that the relatives of her elder daughter-in-law had played fraud in order to knock away her properties. Mr. Ali Raza is said to be a relative of her eldest daughter-in -law. She (her eldest daughter-in-law) comes from a lower strata of the society. Petitioners eldest son was handicapped and therefore they selected this lady. Her eldest daughter-in-law won over her handicapped son.fully and he is in her grips. She and her relatives hatched a plan with the assistance of Mr. Ali Raza to knock away her properties through fhe respondents. Respondents 2 to 8 are no other than the mother, brothers and sisters of the 1 st respondent. She further stated that her signature was forged on the General Power of Attorney, said to have been executed by her in favour of Mr Ali Raza. The compromise was also signed by Mr. Ali Raza as if the petitioner agreed for allotment of properties in favour of the respondents The Suit and the compromise are nothing but fraud. The decree is liable to be dismissed. She was not served with summons in the above suit etc.