The court affirmed that sales executed post the donor’s death under a void Power of Attorney are invalid, entitling heirs to recover possession.

1. This is an appeal under S.96 of the Code of Civil Procedure from the original judgment and decree dated 17.08.2023 and 05.09.2023 passed by Ld. Civil Judge (Senior Division) Court No.4, Agartala, West Tripura in TS No.1 of 2015 to allow the Title Suit of the Appellant - Plaintiffs.

2. The case in a nutshell is that the appellant - plaintiffs has filed the suit for declaration of rights, recovery of possession, cancellation of sale deeds of the defendant Nos. 2 to 6 before the Ld. Trial Court and perpetual injunction. The plaintiffs are the legal heirs of Lt. Dhiresh Chakraborty. Lt. Kusum Kamini Chakraborty was mother of Dhiresh Chakraborty and defendant No. 1 namely Rati Ranjan Chakraborty. In the year 1985 said Kusum Kamini Chakraborty gifted 0.23 sataks of land to her son Dhiresh Chakraborty by dint of registered gift deed vide No. I - 6015, dated 16.09.1985 and also by dint of another gift deed gave some land to his other son i.e. defendant No.1 namely Rati Ranjan Chakraborty. At that time Dhiresh Chakraborty was residing at Bhopal, Madhya Pradesh with his family. Lt. Dhiresh Chakraborty requested his full blooded brother to look after his land. Said Dhiresh Chakraborty expired on 20.09.2002 living behind the plaintiffs as his legal heirs. Since, Dhiresh Chakraborty has no son, the son of the defendant No.1 namely Rajesh Chakraborty performed the ritual rites at Bhopal. Thereafter, on 16.01.2010 the plaintiffs came to Agartala and learnt that the defendant No.1 sold away the land belonging to Lt. Dhiresh Chakraborty by dint of Power of Attorney. On enquiry the plaintiffs came to know by dint of a registered power of attorney vide No. IV - 47/7, dated 09.01.2002 alleged to be executed at Karimganj, Assam by the deceased Dhiresh Chakraborty and the plaintiff No.1 lodged a complaint before the Ld. Chief Judicial Magistrate, West Tripura, Agartala which was registered as C.R. Misc. 20/2010 and forwarded to the O/c, West Tripura police station and the same was registered as West Agartala police station Case no. 116/2010 under S.409/179/420/468/471/120(B) / 34 of IPC. Later on, charge sheet was filed under S.409 and S.420 of IPC and case was registered as PRC 290/2010. After being summoned all the defendants, except the defendant no. 4 has appeared before the Ld. Trial Court and submitted their written statement. After hearing both the parties and perusing the evidences the Ld. Court vide its Judgment dated 17.08.2023 dismissed the suit of the Appellant - Plaintiffs.

3. Being aggrieved with the Judgment and Order dated 17.08.2023 passed by the Ld. Trial Court in TS - 01/2015 the Appellant - Plaintiffs filed this appeal seeking the following relief(s):
(i) Admit the appeal
(ii) Call for the records from the Ld. Civil Judge Senior Division, Court No.4, Agartala, West Tripura in TS(P)No.1/2015
(iii) Issue notice for the respondents;
(iv) After hearing the partis Your Honour wuld be pleased to set aside the Judgment and Preliminiary Decree dated 17.08.2023 and 05.09.2023 passed by Ld. Civil Judge (Senior Divisoin) Court No.4, Agartala, West Tripura, in TSNO.1/2015 and allowed the Title Suit of the appellant - Plaintiffs.

4. It is contended by the counsel for the appellants that though the Ld. Trial Court decided that all the sale deeds executed after the death of Dhiresh Chakraborty on 20.09.2002 on the strength of the said Power of Attorney are found to be void ab initio and will not have any legal force of itself or any other document, whatsoever, arose out of the transaction on the basis of the said Power of Attorney after the death of Dhiresh Chakraborty. But without declaring the right, title and interests