P.K.BHASIN, J: This is an appeal by the unsuccessful plaintiff in a suit for cancellation of sale deeds, declaration of title and possession in respect of property No.H-7, N.D.S.E. I, New Delhi(hereinafter to be referred to as the suit property?). The appellant is aggrieved by the judgment and decree dated 3rd May, 2007 passed by the learned Additional District Judge whereby the appellant?s suit was dismissed.

2. Facts of the case leading to the filing of the suit by the appellant herein( hereinafter to be referred as the plaintiff?) have been noticed by the trial Court in paras No.3 to 5 of its judgment and the same are re-produced below:

"3. DLF Construction (P) Ltd. sold a plot measuring 319 sq. Yards bearing plot No. H-7, NDSE Part I, New Delhi to Sh. Rattan Singh by sale deed dated 27.12.1958. Sh. Rattan Singh sold the plot to Sh. Bihari Lal on 17.1.59 by way of sale deed. Sh. Bihari Lal further sold the property to Sh. Raghubir Singh by sale deed dt. 15.6.1962 then Raghubir Singh appointed Sh. Kulwant Singh as his attorney to sell the plot and the super structure to Sh. Jagjit Singh Sethi for consideration of Rs. 49,000/-. Since Raghubir Singh was a resident of Thailand and the power of attorney was attested by Officer In-charge, Embassy of India in Thailand. Hence, Raghubir Singh through his attorney Kulwant Singh executed sale deed dt. 14.9.1967 in respect of aforementioned property in favour of Jagjit Singh Sethi for total consideration of Rs. 49,000/-.

4. Plaintiff Satpal Singh Sethi is son of Sh. Jagjit Singh Sethi and Sh. Jagjit Singh died in 1973, therefore, letter of administration was applied (probate case no. 23 of 1977) before Ld. District Judge, Delhi. The letter of administration was granted by Ld. District Judge on 21.1.1979.

5. The plaintiff filed an eviction petition against the tenants in the suit property and also for recovery of the rent. During the course of the proceedings it came to the knowledge of the plaintiff that defendant No. 5 were claiming ownership of the property No. H 7, NDSE, Part I, New Delhi (hereinafter referred the property), on the basis of sale deed dt. 30.9.88, as if they have purchased property from Smt. Kusum Lata Khajanchi whereas, sale deed dt. 19.2.88 executed by Sh. Joginder Lal acting as an attorney of Raghubir Singh in favour of Kusum Lata Khajanchi, is forged and fabricated power of attorney (Power of Attorney dt. 28.12.87). Raghubir Singh never appointed Joginder Lal as his attorney, his signatures on the power of attorney are forged. Otherwise, when Sh. Raghubir Singh had sold the property by sale deed dt. 14.9.1967 in favour of Jagjit Singh Sethi, he had left with no right of authority or title to further execute or authorise to execute sale deed dt. 19.2.88 or power of attorney 28.12.1987 in respect of the property. The sale deed dt. 19.2.88 does not pass title in favour of Kusum Lata Khajanchi (defendant no. 4). Consequently, the sale deed dt. 30.9.88 executed by Defendant no. 4 in favour of defendant no. 5 M/s. Gwalior Securities and Traders Ltd. did not pass any title. In fact, Raghubir Singh was resident of Thailand and he was not in Delhi on 28.12.87 and sale deed dt. 19.2.88 narrates that Raghubir Singh had continued holding all rights, title and interest in the property adverse to Sh. Jagjit Singh Sethi or sale deed dt. 14.9.1967 does not pass any title in favour of Sh. Jagjit Singh Sethi or the title passed became time barred, however, all these narration are false throughout. Hence the present suit has been filed through plaintiff’s attorney Sh. Kuldip Singh."

3. Summons of the suit were not served upon defendants 1 and 2, who were living in Thailand, but defendant no.3 entered appearance on their behalf also as their attorney and one advocate also appeared for all the three on 02/05/90 but thereafter that advocate disappeared. Then the trial Court noticed that that advocate?s vakalatnama was not on record and so fresh summons were ordered to be serv