HARI SINGH BHANDARI Vs. MAHENDRA RAJ & ORS

JUDGEMENT

(1.) Both these civil first appeals are directed against the judgment and decree dated 29.05.2003 passed by learned Additional District and Sessions Judge (Fast Track) No.2, Bhilwara in Civil Original Case No.39/2003, whereby the suit for declaration and permanent injunction filed by the respondent No.1 and 2 was decreed and the power of attorney dated 27.12.1968 and the sale dated 10.02.1994 were set aside.

(2.) The appeal bearing S.B. Civil First Appeal No.531/2004 has been filed by defendant No.3 Hari Singh Bhandari and the appeal bearing S.B. Civil First Appeal No. 211/2003 has been filed by defendant No.1 Smt. Chanchal Devi and defendant No.2 Smt. Hemlata.

(3.) The brief facts of the case are that respondent No.1 Mahendra Raj S/o late Tejraj Bhandari and the respondent No.2 Smt. Basant W/o late Tejraj Bhandari filed a civil suit for declaration and permanent injunction against the defendants. As per the averments made in the plaint, Tejraj Bhandari died on 09.11.1996 at Udaipur. Plaintiff No.1 Mahendra Raj is his son and plaintiff No.2 Smt. Basant is his wife. The defendants No.4 to 7 are the daughters of late Tejraj Bhandari. Late Tejraj had a plot of his ownership and possession bearing No.59 measuring 60 ft. x 90 ft. The patta of the said plot was issued on 11.02.1968 by Nagar Palika, Bhilwara in the name of late Tejraj. Defendant No.3 Hari Singh being a man of confidence of late Tejraj, a power of attorney was executed on 27.12.1968 in his favour for conducting all the formalities in regard to the plot in question and it was also mentioned in the power of attorney that the defendant No.3 can sell the plot in question. The said power of attorney was registered in the office of Sub-Registrar, Udaipur on 21.01.1969. The original patta is with the defendant No.3. It is further averred in the plaint that in January 1994, late Tejraj asked defendant No.3 Hari Singh to return the patta alongwith the power of attorney. Upon being asked by Tejraj, defendant No.3 Hari Singh did not return back the patta and power of attorney and evaded and avoided the same with ill motives, therefore, vide newspaper publication dated 13.01.1994, late Tejraj informed everybody about revocation of the power of attorney with immediate effect. The lease money and other requisite expenses on the plot were always borne by Tejraj himself, but despite it defendant No.3 Hari Singh sent a letter dated 17.10.1994 intimating that he has settled the sale of plot and only the registration has to take place and with an intention to nullify the revocation of the power of attorney vide the newspaper publication, defendant No.3 Hari Singh tried to get the sale deed registered in favour of his own daughtersin-law by procuring stamps in back date. It was further averred in the plaint that the defendants are threatening and have intention to further alienate the plot in question and to raise construction on it, therefore, permanent injunction and declaration as prayed for be granted. An alternative prayer for money decree at the rate of market value of the plot coupled with interest at the rate of 24% per annum was made.