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2011 Supreme(All) 888

SANJAY MISRA
CHANDRAMA SINGH – Appellant
Versus
MIRZA ANIS AHMAD – Respondent


Advocates:
Counsel :
Sankatha Rai, Akhilesh Tripathi, Ashutosh Srivastava, P.K. Singh, R.C. Singh, Sudhir Kumar Shukla, Gyanendra Kumar Singh for the Appellants; R.K. Jain, J.N. Srivastava, J.N. Verma, M.D. Singh Shekhar,S.C. Srivastava for the Respondent.

JUDGMENT

Hon’ble Sanjay Misra, J.—This is a Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 29.9.1988 passed in Civil Appeal No. 152 of 1986 (Mirza Anis Ahmad v. Chandrama Singh and others) by Additional District Judge, (Special Judge), Ghazipur.

2. This Second Appeal was admitted on the following substantial questions of law :

“1. Whether the Registered Power of Attorney under the provisions of Section 32 read with Section 33 and Section 17 (1) (b) of the Indian Registration Act could be revoked without registration or cancellation thereof”

3. Under an order dated 16.8.2010 (passed in this appeal) this appeal survives only between the Appellant No. 2 namely Ramjas Singh Yadav and the Respondent namely Mirja Anis Ahmad.

4. Mirja Anis Ahmad, who was the owner of Plot No. 273 area 0-18-0 biswa situate in Village Baleshar, Pargana Ihaburala, District Ghazipur executed a Registered Power of Attorney on 17.3.1967 in favour of Ram Ker Singh who executed registered Sale-deed dated 26.12.1975 transferring half share each to Chandrama Singh and Ramjas Singh Yadav.

5. Mirja Anis Ahmad (hereinafter referred to as the plaintiff) brought an Or
























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