NARESH KUMAR Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff is in Regular Second Appeal against the judgment passed by learned First Appellate Court.

(2.) Plaintiff filed a suit for specific performance of agreement to sale dated 103.1998. It was pleaded that the entire sale consideration i.e. Rs. 1,50,000/- was paid. No target date was fixed for execution and registration of the sale deed. 10 biswas plot was agreed to be sold. Defendant also executed and got registered a General Power of Attorney empowering the plaintiff with the powers of lease, mortgage, sale, exchange etc. and also executed a Will in favour of plaintiff.

(3.) Defendant No.1, who was the owner, contested the suit on the ground that the power of attorney executed in favour of the plaintiff, has been cancelled. Execution of the agreement to sell and Will were denied. Defendant No.1 further asserted that he has executed a sale deed in favour of defendant Nos.2 and 3 after cancellation of GPA (General Power of Attorney). Defendant Nos.2 and 3 filed a separate written statement. They further filed a counter claim to the effect that after getting the possession of the suit property have constructed a tin shed, room and boundary wall.