RAJPAL Vs. MANOJ KUMAR

JUDGEMENT

(1.) Appellants, who were arrayed as defendants no.1 to 5, 7, 8 and 10 before the learned trial Court have filed this appeal being aggrieved of judgement and decree dated 30.05.2014, passed by the learned Civil Judge (Jr. Division), Faridabad, as well as judgement and decree dated 31.10.2017, passed by the learned Additional District Judge, Faridabad, whereby suit for declaration and permanent injunction filed by respondent no.1-plaintiff, has been decreed.

(2.) Brief facts necessary for the adjudication of the case are that respondent no.1-plaintiff filed a suit for declaration to the effect that power of attorney bearing no. 4/93 dated 22.01.1993, as well as sale deed dated 23.08.1993 and consequent mutation no. 3193 dated 19.09.2006, be declared null, void and not binding upon the right, title or interest of the plaintiff. It is pleaded that Devi Ram, father of the plaintiff was the owner in possession of the suit property, as detailed in the plaint. After the death of Devi Ram, the property devolved upon the legal representatives of Devi Ram including the present plaintiff. At the time of death of his father, the plaintiff was a minor. Plaintiff's mother-Kasturi Devi, filed a petition under Section 7/10 of the Guardian and Wards Act 1890, seeking to be declared as the guardian of the person and property of the plaintiff, who was a minor at that time. The said suit was decreed on 05.03.1990 by the learned District judge, Faridabad. Plaintiff claimed to have attained majority on 06.07.1990.

(3.) It is pleaded that Sheoraj Singh son of Jawar Singh, defendant no.11 fraudulently obtained a power of attorney dated 22.01.1993 from Kasturi Devi (mother of the plaintiff) and on the basis of the said power of attorney, Sheoraj Singh executed sale deed dated 30.08.1993 in favour of Raj Pal Singh and others i.e. defendants no.1 to 5 (present appellants). The said sale deed, it is stated was executed without any consideration. Mutation No. 3193 dated 19.09.2006, was sanctioned on the basis of the said sale deed in a suspicious manner at the plaintiff's back at the instance of defendants no.1 to 5. Power of attorney was kept concealed from the plaintiff. A partition suit, titled as 'Devi Sahay Vs. Kasturi and others' was pending before the Court of Assistant Collector Grade-II, Ballabhgarh and was listed for Naksha Khe preparations. It is in this process that the plaintiff came to know of the abovesaid mutation and he obtained a certified copy of this mutation no. 3193 dated 19.09.2006 from the Halka Patwari, Dayalpur on 05.03.2007. Defendants were requested not to dispossess the plaintiff from the suit property and to get the sale deed and mutation cancelled, but to no avail. Hence the suit was filed.