VALMIKI J. MEHTA, J.

1. This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 1.8.2003 dismissing the suit for partition filed by the appellant/plaintiff inasmuch as it was found that the appellant/plaintiff by virtue of registered documents being the Agreement to Sell, Power of Attorney, Will (registered), receipt etc. transferred his 1/4th right in the suit property in favour of the defendant no.1.

2. The facts of the case are that the appellant/plaintiff filed the subject suit for partition claiming that he and the defendants who are his brothers jointly purchased the suit property bearing No. BJ (5), West Shalimar Bagh, Delhi and he had executed a General Power of Attorney and Special Power of Attorney, both dated 26.5.1995, in favour of defendant no.1 qua his share in the said property so that his interest could be looked after. It was pleaded that since the defendant no.1 was acting against the interest of the appellant/plaintiff, the appellant/plaintiff cancelled the General Power of Attorney and Special Power of Attorney on 23.4.1996. It was further pleaded in the plaint that the