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2023 Supreme(Chh) 675

RAKESH MOHAN PANDEY
Shrawan Kumar S/o Late Jaluram Agrawal – Appellant
Versus
Gouri Bai D/o Late Soni @ Sonu Agrawal – Respondent


Advocate Appeared:
For the Appellant :Mr. R. S. Patel and Mr. Palas Agrawal, Advocates
For the Respondent:Mr. Amit Sahu, Advocate holding the brief of Mr. Raj Kumar Pali, Advocate, Mr. Sanjeev Agrawal, Panel Lawyer

ORDER :

1. This appeal was admitted on 04.03.2015 for hearing on the following substantial question of law:-

    “Whether, the power of attorney holder Shiv Kumar and Mangal Sahu executed sale deeds in favour of their relatives despite the fact that the power of attorney did not describe the particulars of the immovable property and as such whether the sale was bad?

2. This appeal has been preferred by the plaintiff against the judgment and decree dated 18.07.2012 passed by the learned Additional District Judge Kabirdham, District Kabirdham, Chhattisgarh in Civil Appeal No.09-A/2012, whereby the judgment and decree dated 26.02.2008 passed by the learned Ist Civil Judge Class-I, Kawardha in Civil Suit No.9-A/2004, has been affirmed.

3. The facts of the present case are that a civil suit was filed by the plaintiff/appellant for declaration, partition and separate possession. The declaration was sought to the effect that the sale deeds (Ex.P/1 to Ex.P/5) executed by power attorney holders; namely, Mangal, Shiv Kumar and Sonu are null and void, on the ground that no authority was given to them to alienate the property and the plaintiff never received the consideration amount. It is further pl

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