PARSANI DEVI Vs. ANGREJ SINGH

JUDGEMENT

(1.) THE appellants impugn the judgments and decrees dated 30.4.1998 and 25.01.2002, passed by the Civil Judge (Junior Division) Ambala and the Additional District Judge, Ambala, decreeing the suit for specific performance filed by respondent no. 1 and dismissing their appeal.

(2.) BEFORE proceeding to adjudicate the appeal, it would be necessary to mention here that vide order dated 21.08.2006, appellant no. 1 Smt. Parsani Devi was allowed to withdraw from the appeal. It was however, ordered that the appeal would proceed on behalf of Smt. Lajjo, who is the recipient of the suit property from Smt. Parsani Devi, pursuant to a collusive decree dated 19.08.1991.

(3.) PARSANI Devi contested the suit and apart from raising a large number of preliminary objections, averred that she had not authorized defendant no. 2 to alienate the suit land and therefore, the general power of attorney was cancelled on 16.08.1991 and the cancellation was registered on 19.08.1991. It was further, averred that the suit is barred by Order 2 Rule 2 of the Code of Civil Procedure, as the relief for specific performance was not included in the suit for permanent injunction. It was also pleaded that the suit is pre- mature as it has been filed before the date fixed for execution of the sale deed.