ASHOKE KUMAR DAS Vs. DWIPANNITA SAHA & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 29th May, 2010 passed by the Learned Civil Judge (Senior Division), 2nd Court at Krishnagar, Nadia in Title Appeal No. 72 of 2007 affirming the judgement and decree dated 9th March, 2007 passed by the Learned Civil Judge (Junior Division), 1st Court, Krishnagar, Nadia in Title Suit No. 28 of 1997 at the instance of the plaintiff/appellant.

(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted under the provision of Order 41 Rule 11 of the Code of Civil Procedure, or not.

(3.) Here is the case where we find that admittedly power of attorney was executed by the plaintiff in favour of the defendant nos. 1 & 2 authorising them to sell and/or transfer the plaintiff's property by them as his constituted attorney. It is also an admitted position that the said power of attorney was revoked by the plaintiff by execution and registration of a deed of revocation on 1st October, 1996. On the very same day that was on 1st October, 1996, the defendant nos. 1 & 2 viz. the constituted attorneys of the plaintiff sold the suit property in favour of their purchaser viz, the defendant no.3 for consideration.