- (1.) This second appeal is preferred against the judgment dated 14.7.1999 passed by VIIIth Additional District Judge, Ghaziabad in Kanwal Singh v. Shakuntala Devi, Civil Appeal No. 93 of 1990, dismissing the appeal filed by the appellant-defendant arising out of Original Suit No. 1086 of 1987 allowing the suit by IInd Additional Civil Judge, Ghaziabad wide order dated 9.8.1990. The brief facts, which give rise to this appeal are that the plaintiff-respondent (hereinafter called as the respondent) filed a Suit No. 1086 of 1987 against the defendant-appellant (hereinafter called as the appellant) for the relief of permanent prohibitory injunction restraining the defendant from interfering in the possession of the property in suit, which is 200 Sq. yard plot situate in Indra Enclave, Loni Border, Ghaziabad. The suit was contested by the appellant and the suit was decreed by the Court below.
(2.) Feeling aggrieved, the appellant preferred second appeal, which was registered as Civil Appeal No. 93 of 1990 and was transferred to the Court of VIIIth Additional District and Session Judge, Ghaziabad and was also dismissed vide order dated 14.7.1999.
(3.) Feeling aggrieved, the appellant preferred this appeal. Learned Counsel for the appellant submitted that both the Courts below have wrongly decreed the suit of the plaintiff, which was filed through power of attorney holder, who was granted only limited power through the deed. Learned Counsel for the appellant further submitted that both the Courts below have wrongly relied upon the evidence filed by the respondent and wrongly held that the respondent is the owner in possession over the property in suit and both the Court below have failed to consider the evidence adduced by the appellant. Learned Counsel for the appellant further submitted that since the suit was filed by an unauthorized person, having no authority to file suit and the suit was not maintainable and this plea can be taken even at the time of hearing of second appeal relying upon The State of Rajasthan v. Rao Raja Kalyan Singh (dead), 1971 AIR(SC) 2018. He also relied upon Sebastio Luis Femandes v. K.V.P. Shastri, 2014 1 CurLJ 645.;