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2001 Supreme(Del) 1503

DEVENDER GUPTA, SANJAY KISHAN KAUL
ASHA M. JAIN – Appellant
Versus
CANARA BANK – Respondent


Advocates Appeared:
Bikram Singh, RAVI GUPTA

Sanjay Kishan Kaul

( 1 ) THE appellant, who purchased property No. A-27/ c, DDA Hats Munirka, New Delhi, on a power of attorney basis is aggrieved by the impugned order dated 31. 10. 1990 dismissing the objection filed by the appellant under Order XXI Rule 58 of the Code of Civil Procedure, 1908, against the attachment order dated 29. 4. 1989.

( 2 ) THE appellant is stated to have purchased the aforesaid property in question by an agreement to sell dated 21. 5. 1984 for a consideration of Rs. 90. 000/- stated to have been paid by cheque drawn on State Bank of India. The documents in respect of the property in question, apart from the agreement to sell dated 21. 5. 1984, are receipt dated 22. 5. 1984, affidavit dated 22. 5. 1984, a registered General Power of attorney dated 22. 5. 1984, a special Power of Attorney dated 22. 5. 1984, another general Power of Attorney dated 22. 5. 1984 and a registered Will dated 21. 5. 1984. It is stated that this property was purchased on what is commonly called a power of attorney sale where the registered documents of sale is not executed but a set of documents consisting of agreement to sell. General Power of Attorney, Special power of Attorney, W


















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