JAIWANTRI DEVI Vs. PREM SINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree passed by learned Additional Civil Judge (Senior Division), Ambala dated 1st September, 2010 and the appellate court decree dated 23rd September, 2014.

(2.) THE suit of plaintiff Jaiwantri Devi presently through her LRs following her death on 9th December, 2010 is for declaration challenging two sale deeds dated 30th May, 2001 and 8th June, 2001 executed on behalf of the decedent plaintiff through her power of attorney holder being defendant No. 5 Yashpal in favour of third parties who are the defendants No. 1 to 4 sons of Jai Singh as illegal, null and void and not binding on he rights of the plaintiff. The mutation sanctioned following the sale deeds are also similarly questioned as not binding her rights to and measuring 28K -9M situate in village Suhata, Tehsil Barara, District Ambala owned by her. The land was inherited by Jaiwantri Devi mother of Smt. Gaindi Devi. It was pleaded that Jaiwantri Devi appointed Yashpal defendant No. 5 as her duly constituted general power of attorney on December 7, 1981. On account of misuse of empowered authority, she cancelled the power of attorney through a cancellation deed dated 19th January, 1983. Therefore, Yashpal could not act on her behalf after cancellation of the GPA. Thus, the sale deeds wee without authority, express or implied and could not have been executed on her behalf. She never handed over the possession of the suit corpus to defendants No. 1 to 4 and claimed that she was still in cultivating possession of the agricultural land. She alleged that the mutations were sanctioned in connivance with the revenue authorities on the basis of the forged and fabricated sale deeds.

(3.) YASHPAL , defendant No. 5 filed a separate written statement pleading that the property was sold for valuable consideration for legal necessity and for the benefit of the family of the plaintiff. He had no notice of cancellation and, therefore, acted within his rights in the best interest of the plaintiff.