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2021 Supreme(Cal) 528

HARISH TANDON, KAUSIK CHANDA
Subhash Chandra Mondal – Appellant
Versus
Sunil Kumar Mondal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Partha Pratim Roy.

JUDGMENT :

1. This appeal has been directed against a judgment and order dated 26, 2018, passed by the learned Civil Judge (Senior Division), Kandi, Murshidabad in Title Appeal no. 72 of 2011 affirming the judgment and decree dated May 31, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Kandi, Murshidabad in Title Suit no. 174 of 1995.

2 One Haripada Mondal, since deceased, as plaintiff filed a suit against his elder son, his daughterin- law, and his grandson impleading them as defendant nos. 1, 2 and 3 respectively.

3. Haripada made out a case in the plaint that he became the owner of the suit property by way of inheritance and purchase. He and his elder daughterin- law executed a registered general power of attorney in favour of his elder son, defendant no. 1, on February 21, 1983, for administering the suit properties. Since the defendant no. 1 was misappropriating the property in respect of which the power of attorney was executed, Haripada cancelled the said power of attorney by executing the deed of cancellation dated August 21, 1995. Haripada pleaded that he had informed as to the cancellation of the said power of attorney to the defendant no. 1 orally and

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