SHAMIM AFROZ Vs. MEHFOOZ UL HASAN

JUDGEMENT

(1.) This is plaintiffs second appeal under Section 100, CPC assailing the concurrent findings recorded by the Courts below and dismissing the suit filed by the plaintiffs.

(2.) The appeal was admitted on 2nd January 2006 for consideration of the following three substantial questions of law :- "(i) Whether the Court below has erred in holding that the sale-deed executed by defendant No. 1 in favour of defendant No. 2 on the basis of power of attorney is valid when the power of attorney is not filed in the Court to show that the said document contains powers to sell the property ? (ii) Whether the sale is void in absence of any consideration ? and (iii) Whether the Court below has erred in dismissing the suit as barred by limitation ?

(3.) Property in question, which is the disputed property in the present suit consists of various land situated in Village Baike Tehsil Ganj Basoda District Vifisha. The total area of the land is 1.207 hectares and particulars of the same are given in para 2 of the memorandum of appeal. The said property was the joint property of Wahidul-Hasan and Mehfooz-ul Hasan, who are real brothers. Apart from these two persons one Sharif-ul Hasan is the third brother who is also having some share in the property.