Subhro Kamal Mukherjee, J.

This is an appeal against judgment and order dated March 7, 2014 passed by the learned Civil Judge (Senior Division), Fourth Court at Alipore, District – South 24 Parganas, in Title Suit No. 13657 of 2013.

The learned Civil Judge, by the order impugned, allowed the application for temporary injunction and restrained the defendant no. 2 from transferring or alienating the property-in-suit to any third party till the disposal of the suit. The defendant no. 2 is the appellant before this Court.

The appeal arises out of a suit for declaration, for cancellation of a deed executed by the defendant no. 1, who has been the power of attorney of the plaintiff, in favour of the defendant no. 2.

The suit was filed on the allegation of fraud. Admittedly, the plaintiff executed a registered power of attorney dated April 23, 2014 in favour of the defendant no. 1. By the said power of attorney the said defendant no. 1 was authorised to sign, execute and register any deed of conveyance or sell and all other instruments of transfers, undertakings, declarations, confirmations and to present the same, whether executed by the plaintiff or the said attorney, and to admit the execution thereof and present for registration before the registering authority in the name of the plaintiff and on behalf of the plaintiff. It was, however, provided that all the receivables would be paid to the principal and all the payable would be borne by the principal.

The disputed property is a pucca structure standing on 2 (two) Katha, 9 (nine) Chatak 11 (eleven) square feet land, at premises no. 2, Debendra Ghosh Road, Police Station – Bhabanipur Kolkata 700025, within the limits of the Kolkata Municipal Corporation. It is contended in the plaint of the said suit that the defendant no. 1 has been a close relation of the plaintiff being his maternal aunt (mother’s sister). It is contended that the defendant no. 1 approached the mother of the plaintiff that she knew a developer and introduced the defendant no. 2 to the plaintiff. The defendant no. 1 impressed the plaintiff and his mother that the defendant no. 2 would be the best person to negotiate with the tenants and could easily obtain vacant possession of the tenanted premises. It was represented to the plaintiff that the defendant no. 2 would be able to procure a sanctioned building plan from the Kolkata Municipal Corporation as the defendant no. 2 had vast experience in development business. It was stated that the power of attorney was prepared on April 23, 2012 and it was registered on April 25, 2012. The actions of the defendant no. 1 afterwards created some suspicion in the mind of plaintiff and his mother. The plaintiff conducted searches and came to know, to his utter surprise, that the property has been conveyed by the defendant no. 1. as the attorney of the plaintiff, in favour of the defendant no. 2 for paltry sum of Rs.10,00,000/- (Rupees ten lakh) only.

As we have, already, noted herein above, that the property is a pucca structure standing on 2 (two) Katha, 9 (nine) Chatak 11 (eleven) square feet land, at premises no. 2, Debendra Ghosh Road, Police Station – Bhowanipore, Kolkata – 700025. It is suggested in course of argument that the locality is close to Ashutosh Mukherjee Road, which is an important main road in the city of Kolkata, and it is very close to Jadu Babu’s Bazar, which is an important market in the southern part of the city of Kolkata.

It is true that the property was wholly tenanted, but it shocks our conscience, prima facie, that such property could be sold at a paltry sum of Rs.10,00,000/- (Rupees ten lakh) only, that too in cash. The deed of sale was executed on December 10, 2012. The stamp paper was purchased in the name of Sk. Zafir, an advocate of the Alipore Judges Court. The stamp paper for execution of the registered power of attorney was, also, purchased by the said Sk. Zafir.

It is, prima facie, established that both the power of attorney and