RAJESH KUMAR AGARWAL Vs. YAN TIKHOK

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Decree dated 10. 12. 1999 passed by the Deputy Commissioner cum District Judge, Changlang, Arunachal Pradesh in Title Suit No. 14/1996 and Misc. Case (8) No. 170/1996.

(2.) THE appellant, as plaintiff,. filed the aforesaid Title Suit praying for the following reliefs.

(3.) THE background of the case is that the defendant No. 1, an unemployed educated youth belonging to Tangsa Tribe, was awarded the agency to run a petrol depot at Jairampur by the Indian Oil Corporation against the quota meant for the tribes under the scheme. The defendant No. 1 carried with the business in the name and style of M/s Tikhok Auto Agency. The defendant No. 1 by executing a power of attorney authroized the defendant No. 2 to look after the business. Plaintiff's case is that the Defendants No. 1 and 2 obtained financial assistance from him on consideration that the plaintiff would operate the business. In terms of the agreement, a registered power of attorney was executed by the defendant No. 2 in favour of the plaintiff. The petrol pump in question was also mortgaged against the loan amount of Rs. 25,00,000/- by an unregistered mortgaged deed. Defendant No. 1 filed a petition before the Deputy Sales Manager (Sales), Indian Oil Corporation i. e. the defendant No. 3 praying for stoppage of supply of petroleum products to the petrol pump. Accordingly, supply of petroleum products was stopped. Being aggrieved, the appellant filed the title suit praying for the reliefs reproduced above.