KRISHAN LAL Vs. PREM LATTA AND OTHERS

JUDGEMENT

(1.) Plaintiff-appellant is in the regular second appeal against the judgment passed by the learned first appellate court reversing the judgment of the trial court.

(2.) In the considered view of this court, questions which need determination are:-

(3.) Defendants no.1 to 4 are brothers and sisters. They were owners of a house (residential property). Defendants No.2 to 4 i.e. 2 sisters and 1 brother authorized their brother, namely, Dawarka Dass, defendant no.1 by executing a General Power of Attorney registered with the Sub Registrar to dealt with the property in any manner he likes. Power to sell was specifically given under the General Power of Attorney executed and registered on 16/5/1989, Ex.P1 on the file. On the strength of this General Power of Attorney, defendant no.1 entered into an agreement to sell dtd. 6/6/1989 with the plaintiff for the sale of the residential property for a sum of Rs.75,000.00, out of which Rs.40,000.00 was received as earnest money. As per the agreement to sell, the target date for execution and registration of the sale deed was fixed as 6/6/1990.