JUDGMENT:

This appeal is filed by defendant No.2 aggrieved by the judgment and decree, dated 30.10.2010, passed in O.S.No.235 of 2003 on the file of the VI-Additional Senior Civil Judge (FTC), Medchal, Ranga Reddy District.

Appellant herein is defendant No.2; respondent No.1 herein is plaintiff and respondent No. 2 herein is defendant No.1 in the suit. The parties will be referred to as arrayed before the trial Court.

The backdrop of the case leading to filing of this appeal is as under:

The plaintiff filed the suit for declaration of gift deed dated 02.01.1999 executed by the 1st defendant in favour of the 2nd defendant is nonest in law and also sought for a direction to defendants 1 and 2 to deliver vacant possession of the suit schedule property to the plaintiff.

Brief averments of the plaint are as under:

The plaintiff is the absolute owner and possessor of agricultural land admeasuring Ac.3.00 in Sy.No.307 (Part) situated at Gajula Ramaram village, Qutbullapur Mandal, Ranga Reddy District. As the plaintiff was away from the village and not able to look after the suit schedule property, he executed a registered power of attorney in favour of the 1st defendant vide document No.1318/91 dated 24.07.1991 authorising him to sell, lease, transfer by way of exchange or mortgage whole or any part of the said property and to receive consideration thereof on behalf of the plaintiff. After execution of the said power of attorney, the 1st defendant was looking after the suit schedule property and the plaintiff has been enjoying the usufruct earned on the said property till October 1998 and thereafter the 1st defendant did not account for the income earned from the property in spite of repeated requests. After waiting for more than two years, the plaintiff had issued a notice dated

22.08.2001 to the 1st defendant informing him about cancellation of said power of attorney and that the 1st defendant received the same, but failed to give any reply. Subsequently, the plaintiff proceeded to cancel the power of attorney by execution of a registered cancellation deed on 22.12.2001 and in the meanwhile, the plaintiff had got publication issued in local newspaper informing the public about issuance of notice of cancellation upon the 1st defendant. In response to the said publication, the 1st defendant sent a reply dated 13.11.2001 claiming that the property has been settled long back and transferred in favour of third party(cid:146)s name and as such cancellation of power of attorney is of no consequence. It is further stated that the 1st defendant has in fact transferred the property in favour of the 2nd defendant by executing a registered deed of gift on 02.01.1999. After realizing that the 1st defendant played fraud, the plaintiff also filed a private complaint against him before the Additional Judicial Magistrate of Frist Class, Rangareddy District, for the offences punishable under Sections 406, 407 and 420 of I.P.C. and it is pending adjudication. It is further stated that the transfer in pursuance of registered deed of gift dated 02.01.1999 executed in favour of the 2nd defendant by the 1st defendant is invalid and nonest in law as the 1st defendant did not have any authority to execute the same and as such the 2nd defendant is precluded from claiming any rights in pursuance of the said gift deed.

In the written statement filed by defendant No.1, it is contended that the 2nd defendant was shown as being represented by its President late K.Shankar Yadav, who died on 08.09.1999, and as such the suit against the 2nd defendant as being represented by a dead person is nonest and unsustainable. The suit property absolutely belongs to late K.Shankar Yadav under whom the plaintiff was working as a servant. Late Shankar Yadav had acquired an extent of Ac.2.00 of land forming part of Sy.No.307 to which the sub division No.307/e was assigned by the revenue authorities and it was nominally put in the name of Smt.Venkatamma wife of late Muthyalu. Similarl