Cancellation of GPA, non-compliance with court orders, and illegal sale of HUF property.

Prathiba M. Singh, J.

I.A. 23589/2015 (u/O XII Rule 6 CPC)

1. Shri Suraj Bhan Bansal - Plaintiff No.1 (hereinafter, "Plaintiff No.1") and M/s. Rakesh Trading Company (HUF) - Plaintiff No.2 (hereinafter, "Plaintiff No.2") have filed the present suit against Mr. Rakesh Bansal - Defendant No.1 (hereinafter, "Defendant No.1") - who is son of Plaintiff No.1, Defendant No.2 - Mrs. Anupama Bansal (hereinafter, "Defendant No.2") - wife of Shri Rakesh Bansal, and Defendant No.3 - M/s. R. G. Associates (hereinafter, "Defendant No.3") - who was a tenant in the premises. It is the case of the Plaintiffs that Plaintiff No.1 is the karta of Plaintiff No.2 HUF. Plaintiff No.2 is the owner of a farm house consisting of agricultural land measuring 21 bighas 16 biswas comprised in Khasra Nos.50/23 min (0-07), 21 (4-16), 22 (3-16), 58/3 (0-09), 1(4-12), 2 (5-12), 10 (2-00), 26 (0-04) situated in revenue estate of Village Bakoli, Tehsil Alipur, District North, Delhi, and known as Suraj Vatika, G.T. Road, on Palla Bakhtawar Pur Road, Near Lavanya, Delhi (hereinafter "suit property"). Defendant No.1 is the son of Plaintiff No.1 and Defendant No.2 is his daughter-in-law. Plaintiff No.1 had executed a General Power of Attorney (hereinafter "GPA") dated 19th March, 1998 in favour of Defendant No.1, his son, in order to enable his son to carry out certain acts on his behalf. Defendant No.1, by virtue of the said GPA, started handling bank accounts of Plaintiff Nos.1 & 2, as well. The Plaintiffs came to know in January, 2013 that some properties belonging to the Plaintiffs have been sold by Defendant No.1 and that he had utilized various amounts from the bank accounts, without the consent of the Plaintiffs. Under these circumstances, Plaintiff No.1 revoked the GPA dated 19th March, 1998 by executing cancellation deed dated 17th May, 2013.

2. Thereafter, the Plaintiffs came to know that Defendant No.1 had executed a sale deed dated 24th July, 2013 transferring the suit property in favour of his wife, Defendant No.2. The said sale deed was registered and on the basis of said sale deed, the property also got mutated in favour of Defendant No.2. The Plaintiffs, thereafter, examined the bank accounts and realized that even the amount of approximately Rs.2.4 crores, which was shown as the sale consideration paid by Defendant No.2 to Defendant No.1, were returned back by Defendant No.1 to Defendant No.2. In this manner, by utilising a cancelled GPA, the title in the suit property has been usurped by Defendants No. 1 and 2.

3. The suit property is being used regularly for commercial purposes, however, despite orders of this Court, Defendant Nos. 1 and 2 have refused to render accounts in respect of the same. Under these circumstances, the present suit has been filed seeking declaration, possession, rendition of accounts and injunction. Relief’s sought in the suit are as under:

"(a) pass a decree of declaration in favour of the Plaintiffs and against the defendants Nos. 1 and 2 that Plaintiff No.2 thereby declaring that Plaintiff No.2 is the owner of Farm House consisting of Agricultural land measuring 21 Bighas, 16 Biswas, comprised in Khasra Nos.50/23 min (0-07), 21 (4-16), 22 (3-16), 58/3 (0-09), 1(4-12), 2 (5-12), 10 (2-00), 26 (0-04) situated in revenue estate of Village Bakoli, Tehsil Alipur, District North, Delhi, and known as Suraj Vatika, G.T. Road, on Palla Bakhtawar Pur Road, Near Lavanya, Delhi;

(b) pass a decree of possession in favour of the Plaintiff and against the defendants thereby directing the defendants to hand over the possession of suit property Farm House consisting of Agricultural land measuring 21 Bighas, 16 Biswas, comprised in Khasra Nos.50/23 min (0-07), 21 (4-16), 22 (3-16), 58/3 (0- 09), 1 (4-12), 2 (5-12), 10 (2-00), 26 (0-04) situated in revenue estate of Village Bakoli, Tehsil Alipur, District North, Delhi, and known as Suraj Vatika, G.T. Road, on Palla Bakhtawar Pur Road, Near Lavanya, Delhi to Plaintiff No.2;

(c) pass a dec