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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Sushil Kumar – Appellant
Versus
Sudesh Rani – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-2853-C-2018
Prayer in this application filed under Section 151 CPC is for condonation of delay of 78 days in refiling the accompanying appeal.
Heard.
For the reasons mentioned in the application, the same is allowed and the delay of 78 days in refiling the accompanying appeal is condoned.
RSA-1154-2018 (O&M)
The defendants No. 1 to 3 are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit filed by the respondent/plaintiff seeking declaration that the plaintiff is owner in possession of suit house measuring 0 Kanal 6 marlas 7 Sarsahies situated in Makhu, Tehsil Zira, District Ferozpur; and the Sale Deed dated 10.04.2012 Vasika No.31 alleged to be executed by defendant No.1 (being alleged General Power of Attorney of plaintiff) in favour of defendant No.2; and Sale Deed dated 10.04.2012 vasika No.30 executed by defendant No.1 being alleged General Power of Attorney of plaintiff in favour of defendant No.3 are illegal, null and void without consideration beyond the power of Power of Attorney, result of fraud, having no adverse effects on the rights of plaintiff and are liable to be set aside; with a consequ
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
Civil Law - Civil Suit - Seeks rejection of plaint - Restoration of possession - When and from whom plaintiff came into lawful possession of the property, and entitlement of plaintiff to restoration ....
The main legal point established in the judgment is the requirement to prove the execution of a Power of Attorney and the validity of sale deeds, as well as the consideration of the issue of limitati....
Civil Law – Civil Suit - Unregistered agreement to sell – Maintainability of suit - When and from whom plaintiff came into lawful possession of property, and entitlement of plaintiff to restoration o....
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
A suit for declaration of ownership is barred by limitation when filed more than three years after the cause of action arises, particularly if adverse legal actions are not promptly contested.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
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