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2011 Supreme(P&H) 1921

K.KANNAN
Atma Nand – Appellant
Versus
Ram Sarup – Respondent


Advocates:
For the Appellant:Mr. K.G. Chaudhary, Advocate.
For the Respondents:Mr. Amarjit Markan, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral): - The appeal is by the plaintiff on the concurrent finding of the Courts below dismissing the plaintiff’s action which was originally filed for injunction but later modified for the relief of recovery of possession. The plaintiff claimed right to the property as a purchaser through a registered document dated 02.02.1978 executed by one Subhash whose power of attorney was Paras Ram. Originally the relief of injunction was sought against defendant, who claimed under a rival sale executed on 10.02.1978 through power of attorney Ram Kumar. While the deed of power of attorney relied on by the plaintiff was a registered instrument, the power of attorney in favour of Ram Kumar, who had executed the document was purported to have been executed on 01.02.1978 and notarized on 06.02.1978.

2. At the trial Court, the plaintiff had filed the power of attorney as well as the sale deed and sought for the relief of recovery of possession saying that he had been wrongly dispossessed and the defendant, who claimed to be a purchaser through a transaction that was subsequent to the plaintiff’s sale deed had no right to be in possession of the property. The defence, in














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