OMWATI (SMT.) Vs. RAJA RAM AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner/defendant is aggrieved against the order dt. 02.06.2007 by which the appellate Court allowed the appeal of the respondents/plaintiffs preferred on the refusal of the injunction on their application filed under Order 39 Rules 1 & 2 CPC by the trial Court vide order dt. 24.03.2007.

(3.) THE trial Court vide order dt. 24.03.2007 observed that the plaintiffs ' own case in the plaint itself was that the power of attorney was given by Sher Singh to Kartar Singh and Dalbar Singh whereas alleged power of attorney is in favour of only Kartar Singh and giving of power of attorney even to Kartar Singh is doubtful in the light of the language used in the agreement which purports to say that the power of attorney will be given to Kartar Singh subsequent to the date of agreement but copy of power of attorney produced in the Court discloses that the power of attorney was already given to Kartar Singh. The trial Court also took note of the fact that endorsement of extension of time by Dalbar Singh was wholly unauthorised because there was no power of attorney in favour of Dalbar Singh so that he could have extended the time. The trial Court also observed that Dalbar Singh had no authority to execute the agreement to sell or to extend the time. The trial Court also observed that for an alleged agreement for sale of the year 1979, the suit for specific performance of contract has been filed in the year 2006. The trial Court also did not found the possession of the plaintiffs on the land in question and, therefore, dismissed the injunction application vide order dt. 24.03.2007.