SUDERSHAN KUMAR Vs. PREM LATA

JUDGEMENT

(1.) This regular second appeal has been filed by Sudershan Kumarappellant/plaintiff against Prem Lata, Rajender Kumar and The Estate Officer, HUDA-respondents/defendants aggrieved against the impugned judgment and decree dated 1.4.2010 passed by the learned Civil Judge (Junior Division), Karnal, and against the impugned judgment and decree dated 26.72012 passed by learned Additional District Judge, Karnal, vide which the appeal filed by the plaintiff has been dismissed.

(2.) The brief facts of the case are that Sudershan Kumar-plaintiff filed suit against Prem Lata, Rajender Kumar and The Estate Officer, Haryana Urban Development Authority, Karnal-defendants for declaration to the effect that the plaintiff is owner in possession of plot No.1559, Sector 9, Urban Estate, Karnal, being its original allottee with consequential relief of permanent injunction restraining defendants No.1 and 2 from acting further on the basis of cancelled General Power of Attorney (for short - 'GPA') and the sale deed No.11458 dated 10.2.2005 executed and registered on the basis of said revoked GPA and further restraining defendant No.3 from transferring the said plot in the name of defendant No.2 or any body else.

(3.) It is stated mainly in the plaint that the plaintiff was allotted the plot in dispute by defendant No.3. Defendant No.1 is the relative of the plaintiff. As the plaintiff was not able to look after and maintain the plot in question and as he was residing away from the plot in question, so he executed a General Power of Attorney (GPA) in favour of defendant No.1 bearing No.10/4 dated 8.10.1997 registered in the office of Sub Registrar, Indri, District Karnal. The plaintiff sent a notice to defendant No.1 in the month of December 2004 vide which he had cancelled his above said GPA and had directed defendant No.1 not to act on the basis of said GPA.