ORDER

1. The matter was finally heard on 22.4.2024 and today the order is being pronounced.

2. By the instant review petition filed under section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, the petitioner is seeking recall of judgment dated 13.4.2023 passed in First Appeal No.471/2016 (Chinta Singh and others v. S.L. Nomaan and others).

3. To appreciate the rival legal contentions urged on behalf of the parties, the relevant facts, in a nutshell, are that this review petition has been filed by defendant No.6. Respondent No.1 herein is plaintiff, who had filed a civil suit registered as C.S.No.121-A/2007 in the Court of First Additional District Judge, Bhopal against the review petitioner and respondents Nos.2 to 16.

3.1 The plaintiff had averred that one Sitaram was the owner of the land out of khasra No.1/4/1 (old), corresponding to new Khasra No.1, area 15.78 acres, situated in Village Mahuakheda, Tahsil Huzur, District Bhopal (M.P.), Sitaram had executed a registered power of attorney dated 29.10.1994 in favour of defendant No.1 S.L. Nomaan authorising him to execute sale-deeds in respect of the suit property and was also given certain other powers as mentioned therein. The said power of attorney was subsequently cancelled on 17.03.1998. Even thereafter, defendant No.1 had executed sale-deed in respect of the suit property in favour of defendant No.2 Abid Ali vide registered sale-deed dated 07.04.2000. Thereafter, defendant No.2 had sold the suit property by different registered sale-deeds to defendants No.4 to 10 in the year 2004.

3.2 The plaintiff had also averred in the plaint that after cancellation of power of attorney dated 29.10.1994 vide deed of cancellation dated 17.3.1998, defendant No.1 could not have executed sale-deed in favour of defendant No.2 on the basis of said power of attorney. It is further averred that after death of Sitaram, the plaintiff has become the owner and in possession of the suit property.

3.3 Defendant No.2 had filed his written-statement denying the averments made in the plaint. Defendants No.4 to 10 had filed a joint written-statement and stated that they are the bona fide purchasers of suit land and after execution of registered sale-deeds, they came into possession of the suit property. In the writtenstatement, it is also stated that their names are recorded in khasra-panchshala as owners and in possession of the suit land which they had purchased by registered sale-deeds.

3.4 The present review-petitioner, who was defendant No.6 had purchased the land out of khasra No.1/2, area 0.850 hectare situated in Village Mahuakheda, Patwari Circle No.35, Tehsil Huzur, District Bhopal (M.P.). Said registered sale-deed was marked as Ex.D/4 and after purchase of the said land, his name was recorded as owner and in possession over the suit land in khasra-panchshala.

3.5 The trial Court after recording the evidence vide judgment and decree dated 27.2.2016 dismissed the plaintiff’s suit. The trial Court in its judgment has held that although the power of attorney dated 29.10.1994 was cancelled on 17.3.1998, but the intimation of such cancellation was never given to defendant No.1 namely S.L. Nomaan and as such defendant No.1 was unaware of the said cancellation of power of attorney dated 29.10.1994 and that being so, he validly executed the sale-deed dated 7.4.2000 in favour of defendant No.2 Abid Ali. Thereafter, the execution of subsequent sale-deeds by Abid Ali in favour of defendants No.4 to 10 in the year 2004 is also absolutely legal.

3.6 The trial Court has also decided issue No.7 and recorded a specific finding in paragraphs 8 to 12 of its judgment that intimation about the cancellation of power of attorney was not given to defendant No.1. The trial Court has referred section 208 of Indian Contract Act and held that the plaintiff is not the owner and in possession of the suit land and sale-deed executed either by defendant No.1 in favour of defendant No.2 or the sale-deeds executed