KASHI RAM Vs. RAJ KUMAR

JUDGEMENT

(1.) Instant writ petition has been filed against the judgment and order dated 21st Jun, 1985 (Annex. 3) whereby learned Board of Revenue accepted second appeal of the contesting respondents and reversed the judgment and order of the Revenue Appellate Authority dated 13-12-1983 (Annex. 2) by which it has affirmed the judgment and decree of dismissal of suit passed by the trial Court dated 30-5-1983 (Anex. 1).

(2.) The facts and circumstances giving rise to this case are that petitioners filed a suit for declaration and possession in the Civil court against contesting respondents but the Civil Court rejected the said plaint, holding that it had no jurisdiction and plaint was presented subsequently in the Court of Assistant Collector, Hanumangarh. Petitioners had alleged in the plaint that after purchasing land in dispute, they had appointed one Roop Ram (respondent No. 6) as Special Power-of-Attorney for the purpose of managing the land and depositing of instalments etc. on 16-8-1967. In spite of the fact that said power-of-attorney was terminated vide registered notice dated 22-12-1969, respondent No. 6 executed the said deed of the land in dispute in favour of contesting respondents Duli Chand etc. on 12-2-1970. Thus, it was prayed that the sale-deed was ineffective, inoperative and inconsequential and petitioners may be put back in possession of the land in dispute.

(3.) The contesting respondents/defendants denied allegations made in the plaint. Rather they contended that the petitioners/plaintiffs were indebted and the land in dispute had been mortgaged. To get the said land released, contesting respondents paid a sum of Rs. 14,500/- and petitioners executed a registered document in favour of Duli Chand that they would pay the said money by 25th June, 1968 and in case said money was not paid they would execute a sale-deed in respect of land in dispute in their favour. They also executed a Special Power-of-Attorney in favour of Roop Ram to execute the said sale-deed.