RAM ASRA Vs. PARAS RAM GUPTA

JUDGEMENT

(1.) ON the death of the Plaintiff Paras Ram Gupta, does the right to sue survives to his legal representatives? Herein lies the controversy raised.

(2.) THE relevant factual background being that on January 23, 1972, the petitioner Ram Asra, who is the owner of booth 164, Sector 35, Chandigarh executed a general power of attorney with regard to it in favour of the plaintiff Paras Ram Gupta. This was, however, later revoked by him by a deed of revocation registered in the office of Sub-Registrar, Chandigarh on May 24, 1984 Registered notice to this effect was sent to the plaintiff and notice of this revocation of the power of attorney was also published in the Indian Express.

(3.) IT was August 12, 1986 that the plaintiff Paras Ram Gupta filed the suit seaking declaration that the general power of attorney executed in his favour was still valid and enforceable being irrevocable as an interest had been created in his favour by virtue of an agreement to sell and he also sought the consequential relief of permanent injunction restraining the petitioner from interfering with his possession and enjoyment, of the said booth The plea raised in this behalf being that on the basis of the said power of attorney, he had handed over possession of the booth to one Joginder Singh.