SERVESH KUMAR GUPTA
S. C. Mathur – Appellant
Versus
Jitin Nikhanj – Respondent
Servesh Kumar Gupta, J.
All these cases are being taken up together as these challenge to the same order dated 01.04.2016 of the Trial Judge rendered in two different parts.
2. Having heard learned counsels of either party, it transpires that an Original Suit No.117 of 2010 was pending adjudication, wherein the plaintiff Mr. Jitin Nikhanj sought the relief, inter alia, for cancellation of the Sale Deed dated 26.06.2006/registered on 01.08.2006, executed by Mr. Anil Srivastava (respondent no.2) in favour of Mr. S.C. Mathur (defendant no.1).
3. The counter claim was also filed by Mr. Anil Srivastava seeking cancellation of Sale Deed dated 07.03.2000, executed by Mr. Sarvjeet Singh Nikhanj (father) in favour of Mr. Jitin Nikhanj (own son).
4. It has not been disputed that the property was owned by Mr. Anil Srivastava, who executed a registered power of attorney on 28.11.1997 in favour of Mr. Sarvjeet Singh Nikhanj. On the strength of the power of attorney, Mr. Sarvjeet Singh Nikhanj executed the Sale Deed dated 07.03.2000 in favour of his son Mr. Jitin Nikhanj.
5. It has been in the averment that Mr. Anil Srivastava cancelled that power of attorney by way of sending a letter date
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