JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal by Special Leave challenges a decision of the Madhya Pradesh, High Court, by which a suit for recovery of Rs. 80,000/- was decreed in appeal. The impugned judgment set aside the judgment and decree of the XIII Additional District Judge, Indore (hereafter “trial court”).

2. The plaintiff (respondent in the present case, referred to hereafter as “Surendra”) is the maternal uncle of the defendant-second appellant (hereafter referred to by his name as “Sanjay”). Sanjay is also the sole proprietor of first appellant/defendant (M/s Fair Communication and Consultants). Surendra filed a suit for claiming recovery of Rs. 1,08,000/- alleging that Sanjay and his proprietorship firm owed money lent. Surendra apparently was a resident of Nashik, but had completed his education at Indore. He was an Engineer employed at Nashik and owned some land and a flat (MIG Scheme No. 54, Indore). As Surendra wished to settle eventually in Nashik, he appointed Sanjay who used to reside in Indore as Power of Attorney and executed a deed of General Power of Attorney (GPA) in favour of Sanjay on 30.09.1989 for that purpose. Sanjay entered into an agreement to sell the