DHARMENDRA GAUTAM Vs. SHASHIKANTI BHARGAVA

JUDGEMENT

(1.) The appellant has filed this appeal under Sec. 96 of the Code of Civil Procedure challenging the judgment and decree dated, 13/1/2010 passed by First Additional District Judge, Gwalior in Civil Suit No. 42-A/2008 whereby, the suit for declaration of title and permanent injunction with a further declaration that the sale-deed dtd. 20/11/2003 executed by defendant no.1 in favour of defendant no.2 & 3 be declared as null and void, has been decreed by learned Trial Court.

(2.) For convenience, the respondent no.1 is referred as "plaintiff" and the appellant & respondents no.2 to 4 are referred to as "defendants" as per their respective status in the civil suit.

(3.) As per the case pleaded in the plaint, the land bearing Survey No.35 ad-measuring 0.365 hectare situated at village Ohadpur, Tehsil and District Gwalior (M.P.) was initially owned by one Tikaram. Out of aforesaid land, piece of land measuring 0.014 hectare (30 x 50 = 1500 sq. ft.) was purchased by plaintiff vide registered sale-deed dtd. 25/9/1996 (Exhibit P/11). It is pleaded that the sale-deed was executed by defendant no.1 - Laxman Singh on the strength of the power of attorney executed by Tikaran in favour of Laxman which has been brought on record as Exhibit P/4. It is pleaded in the plaint that pursuant to the sale-deed, the plaintiff was placed in possession of the plot and she constructed a boundary wall surrounding the plot. Later on, plot purchased by plaintiff was re-numbered as Plot No.8. It is also pleaded that on 15/6/2007 when the plaintiff visited her plot, she found that the defendant no.1 was showing her plot to defendant no.2 & 3. On inquiry, defendant no.2 & 3 informed her that defendant no.1 has sold the plot to them by separate sale-deeds executed on 20/11/2003 (Ex. P/8 and P/9). The plaintiff thereafter made inquiry in the Office of Deputy Registrar wherein, she found that on the strength of power of attorney executed by Tikaram, the defendant no.1 has sold her plot to defendant no.2 & 3. She has also pleaded that Tikaram expired on 30/3/2000 and resultantly the defendant no.1 was not competent to execute the sale-deed in favour of defendant no.2 & 3 on the basis of power of attorney executed by Tikaram. She thus prayed for the relief of declaration of her title, declaration that the sale-deeds dtd. 20/11/2003 executed by defendant no.1 in favour of defendant no.2 & 3 be declared null and void and a decree of permanent injunction.