AMOL RATTAN SINGH, J.

1. This is the second appeal of the defendants in a suit filed by the respondent-plaintiff, seeking a decree of declaration to the effect that he is owner in possession of house no. 1038, Sector 27-B, Chandigarh and that the transfer made by the third defendant, i.e. the Estate Officer, Union Territory, Chandigarh, of the said property, in favour of the present appellant-defendant no. 1 (now represented by his legal representatives), on the basis of the General Power of Attorney executed by the plaintiff in favour of the second appellant- defendant, is an out come of fraud and cheating and is not binding upon the plaintiff.

A decree of permanent injunction was also prayed for by respondent no. 1-plaintiff (hereinafter referred to as the plaintiff), restraining the present appellants from alienating the suit property in any manner whatsoever. A decree of mandatory injunction was also prayed for, restraining the present appellants from making any unauthorized construction on the ground floor of the house of the suit property and “from disturbing the financial position, living and occupying the suit premises on the first floor.” The said first floor was stated to be occupied by the family of the other deceased son of the plaintiff, with the plaintiff and his wife living on the ground floor.

It needs to be stated at the outset that the plaintiff is the father of the first (now deceased) appellant-defendant and the father-in-law of the second defendant.

Presently, other than the plaintiff, the Estate Officer of the Union Territory, Chandigarh, has been impleaded as respondent no. 2, the said person having been impleaded as respondent no. 3 in the suit filed by respondent no. 1-plaintiff.

2. The plaintiff is stated to be a retired Army Officer, more than 88 years of age on the date of filing of the suit, i.e. on 03.05.2008. (As per his date of birth given, i.e. 05.04.1918, he would be 90 years old then). He was allotted plot no. 1028, Sector 27-B, Chandigarh, measuring 1333 sq. yards, on 20.05.1958, by the respondent-Estate Officer, in lieu of property stated to have been left behind by him in Lahore, Pakistan and possession of the said property was taken by him on 24.11.1958. (The aforesaid house is actually the bone of contention, and is hereinafter referred to as the suit property).

Thereafter, the plaintiff raised construction on the ground floor and first floor of the house and started living in the said house with his wife, two sons (including the late first appellant) and two daughters, from 1965. (Though it is stated that he was discharged from the Army on 05.04.1968).

It was further stated in the plaint that he gave the first floor of the house to his son, the late Dr. Daman Dev Singh Sarang and his family and had rented out two rooms, a kitchen, a store, a latrine, a bathroom and a common Baranda on the ground floor of the house, to one Shashi Kiran and Shiv Kumar Gupta.

The first appellant, i.e. the other son of the plaintiff, Kiran Dev Singh Sarang and his family were residing on the ground floor along with the plaintiff and his wife, but were stated to have a separate kitchen on the ground floor itself.

The daughters after their marriage were stated to be living in the house of their in-laws.

3. On 28.06.1994, some trouble arose on account of a theft in the house of Dr. Daman Dev Singh Sarang (on the first floor), due to which a complaint was made to the police and eventually a compromise was arrived at between the said son and the present appellants.

4. Thereafter, it was stated that as the tenants “were not having a good reputation” the plaintiff executed a power of attorney in respect of the suit property on 28.08.1997 in favour of the second appellant, i.e. his daughter-in-law, authorizing her to file an ejectment petition in respect of the tenanted part of the suit property, against the said tenants.

The second appellant is stated to have appeared as a witness in the ejectment petition filed, wh