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2023 Supreme(MP) 181

G. S. AHLUWALIA
Satish Kumar Jain – Appellant
Versus
Kailash Chandra Jain – Respondent


Advocates:
Avinash Zargar for appellant;
Pradeep Naveria for respondents.

JUDGMENT

1. This first appeal has been filed against the order dated 14.7.2021 passed by Second Additional District Judge, Nowgaon, District Chhatarpur (M.P.) in RCSA No.100001/2014 by which the suit filed by the appellant for declaration of title, permanent injunction as well as for declaring the sale deed dated 24.12.2012 as null and void was dismissed under Order 7 rule 11 CPC on the ground that the suit does not disclose any cause of action.

2. The facts necessary for disposal of the present appeal in short are that the plaintiff and the defendants No.2 and 3 are real brothers, whereas the defendant No.1 is the father of the plaintiff. It is the claim of the plaintiff that the property in dispute i.e. Khasra Nos.237, 242, 244, 248 total area 2.328 hectares situated in Mauja Ranipura, Tahsil Nowgaon, District Chhatarpur is in the ownership and in possession of the plaintiff as well as the defendant No.2. Since, the plaintiff and the defendant No.2 were busy in their business, therefore they executed a general power of attorney in favour of the defendant No.1 in respect of the property in dispute. The defendant No.1 on the strength of the power of attorney entered into an agreemen

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