ANANDA CHANDRA GADABAD Vs. PRAFULLA KUMAR MOHANTY

JUDGEMENT

(1.) The unsuccessful defendant nos. 1. to 3 have filed this appeal under section 96 of the Code of Civil Procedure (for short, called as "the Code") assailing the judgment and decree passed by the learned Civil Judge (Sr. Divn.), Bhubaneswar in T.S. No. 195/89-1. Original appellant nos. 2 and 3 having died during pendency of this appeal, their legal representatives have come on record and the are pursuing this appeal joining with the original appellant no. 1.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Plaintiff's case is that the defendant nos. 1 to 3 first on 15.01.86 executed one registered general power of attorney in favour of plaintiff no. 1 authorizing the plaintiff no. 1 to do all the needful for the purpose of sale of the landed property described in schedule 'A' of the plaint as also to arrange the purchasers fixing consideration thereof. The total area of land is Ac.385 decimals under five plots in full. It has been indicated in the said deed of power of attorney that the plaintiff would arrange the purchasers for them for sale of the above property, purchase the stamp paper on their behalf, present the sale deeds executed by the vendors before the registering authority and get the sale deeds registered.