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2017 Supreme(Chh) 594

PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
Vidyavati Singh W/o Late Budh Singh – Appellant
Versus
Harvinder Singh S/o Hardayal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri B.P. Gupta, Ms. Richa Jain
For the Respondents: Ms. Prachi Agrawal, Shri Adhiraj Surana, Shri Rajendra Tripathi

JUDGMENT :

Prashant Kumar Mishra, J.

1. Present appeals were heard analogously and are decided by this common judgment for the reason that both the suits were filed by the same plaintiff Smt. Vidyavati Singh seeking cancellation of power of attorney, consequent sale deeds and for recovery of possession as also for permanent injunction against two different defendants. It is also for the reason that the power of attorney holder who has executed the sale deed is also one and the same and the materials placed before the trail Court were also similar in nature. There being some differences in the evidence of purchasers who are different in both the suits, only this part dealing with the evidence of purchaser will be dealt with separately.

First Appeal No.161 of 2013 :

2. The trial Court has dismissed the plaintiff’s/appellant’s suit for declaration of the power of attorney dated 30-7-2002 and the sale deed dated 13-8-2003 as null, void & inoperative. The power of attorney was purportedly executed by the plaintiff in favour of her son defendant No.2-Rajkishor Singh where as the sale deed was executed by the defendant No.2 in favour of the defendant No.1-Harvinder Singh. By amending the plai
















































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