Decided on March 31,2021

Nandalal Ghosh Respondents


TALAPATRA,J. - (1.) This appeal under Section 96 of the CPC arises from the judgment dated 29.09.2015 delivered in T.S. No.39 of 2013 by the Civil Judge, Sr. Div., Gomati District, Udaipur. The said suit was instituted for declaration of right, title, interest and cancellation of sale deed, recovery of possession, perpetual injunction and mesne profit.
(2.) The respondent No.1, hereinafter referred to as the plaintiff No.1, became the owner of the suit land mentioned in the Schedule 'A' of the plaint measuring 1.60 acre by way of allotment made by the Collector under Section 14 of the TLR and LR Act. The Plaintiff No.1 had executed a General Power of Attorney in favour of his son, the plaintiff No.2, vesting authority upon him to do all acts on his behalf over his properties [including the suit land]. The plaintiff No.1 started possessing the suit land in the year 1967 though the allotee Khatian was opened in his name in the year 1975. Taking advantage of his absence from the suit land, his brother Prafulla Kumar Ghosh (now deceased) recorded his possession over 0.72 acres of land in the allottee Khatian.
(3.) The defendant No.6 did the same act over the land measuring 0.0161 acre. In the year 1993, the plaintiff left the suit land for Kolkata authorising Sri Priyalal Ghosh to look after the land. From the year 2006, being advised by Sri Priyalal Ghosh, the plaintiff No.1 raised Rubber plantation within 0.40 acre of the 'A' Schedule land. In that year, Sri Priyalal Ghosh informed the plaintiff No.1 to appoint any other person to assist him in looking after the property of the plaintiff No.1. The plaintiff No.1, having regard to that request, requested his nephews, the defendants No. 1 to 3 to assist Sri Priyalal Ghosh and the said defendants suggested the plaintiff No.1 to appoint the defendant No.5 as his Attorney for looking after the property and to do all the acts on his behalf and accordingly, the Plaintiff No.1 appointed the defendant No.5 as his Attorney in respect of the land measuring 0.80acres within the 'A' schedule land after executing a Registered Deed of Power of Attorney bearing No.IV- 2 dated 05.01.2007.;

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