- (1.) THIS revisional application is directed against an order dated 10.03.2010 passed by learned Additional District Judge, Fast Court, Howrah in Misc. Appeal No. 58 of 2007.
(2.) THE petitioners filed a Title Suit No. 147 of 2004 before the learned Civil Judge (Junior Division), Howrah praying for a decree for declaration that the agreement for construction of a multistoried building dated 05.03.1997 is valid, sufficient and binding upon the parties and further declaration that the revocation of Power of Attorney dated 23.08.2004 is illegal, invalid and not binding.
(3.) THE case made out in the plaint are in nutshell as follows: The petitioners entered into an agreement dated 05.03.1997 for construction of the multistoried building with the opposite party No. 1 and 2 wherein it was agreed that two flats on the first floor of the newly constructed multistoried building as well as two shops on the ground floor shall be given to the opposite parties and rest of the constructed portion would be utilized by the petitioners. In furtherance of the said agreement, a General Power of Attorney was executed by the said opposite parties in favour of the plaintiffs for the purpose of amalgamation of the two holdings and sanctioned of the building plan. On the basis of the aforesaid agreement and the General Power of Attorney, the petitioners, after amalgamation of the two holdings and obtainment of the sanctioned plan, started the construction and accommodated the existing tenants in a portion of the newly constructed building. It is further stated that the petitioners have also entered into an agreement with the several intending purchasers and have also handed over the possession to some of them. In spite of the request to take possession of the portion which was agreed to be given to the said opposite parties, the opposite party No. 1 created various sought of disturbances and ultimately revoked the Power of Attorney. The trial court passed ad interim order of injunction restraining the opposite party No. 1 from enforcing the revocation of Power of Attorney which was subsequently affirmed on 25.01.2007. Assailing the said order the opposite parties filed a Misc. Appeal No. 58 of 2007 which is allowed by the impugned order.;