GANESH DASS Vs. SMT. AMINA AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal has been directed against the judgment dated 4.2.2016 passed by the learned Single Judge in Civil Writ Petition No. 5573 of 2008 setting aside order dated 28.11.2007 passed by the Registrar Mewat, District Nuh, vide which registered sale deed No. 2284 dated 20.8.2007 has been cancelled.

(2.) The facts of the case are in a narrow compass. Present appellant Ganesh Dass was a co-sharer in the land covered by said sale deed No. 2284 dated 20.8.2007. He agreed to sell the aforesaid land to Smt.Ameena to the extent of ?th share; Smt.Farida to the extent of ?th share (petitioners in Civil Writ Petition No. 5573 of 2008); Smt.Sahidan to the extent of ?th share; and Smt.Samsa (proforma respondents No. 5 and 6 in Civil Writ Petition No. 5573 of 2008) to the extent of ?th share for a total sale consideration of Rs. 37,25,000/-. He had received a sum of Rs. 9,50,000/- vide Bank pay order (Annexure-P1) on 1.8.2007. He had again received a sum of Rs. 27,75,000/- on 10.8.2007 and executed general power of attorney (Annexure-P2) in favour of Shaukat Ali and Hamidulla. Both the above said power of attorneys had executed the said sale deed which was duly registered at No. 2284 dated 28.8.2007 by the Sub Registrar Nuh.

(3.) The record reveals that subsequently an application (Annexure-A4) was submitted before the Sub Registrar, Karnailganj on 16.11.2007 seeking verification with regard to the genuineness of the general power of attorney No. 1297 dated 10.8.2007 registered in the office of Sub Registrar Karnailganj, District Gonda (Uttar Pradesh). In response to said letter, the Sub Registrar had reported that the general power of attorney No. 1297 of 2007 is not registered in the office of Sub Registrar, Karnailganj. On receipt of this report, the Registrar Mewat held an inquiry and ordered cancellation of sale deed No. 2284 dated 20.8.2007 vide his order dated 28.11.2007 on the ground that the same has been registered on the basis of a forged and fabricated power of attorney No. 1297 dated 10.8.2007.