Raj Mohan Singh, J. - (1.) Defendants are in second appeal against the concurrent judgment and decree passed by the Courts below.
(2.) Plaintiff filed a suit for mandatory injunction against the defendants on the ground that he has purchased 1 kanal 2 marlas plot from its previous owners namely Swaran Singh and Bhagat Singh @ Bhagta sons of Kartar Singh vide registered sale deed dated 19.9.1997. After the purchase, plaintiff got sanctioned site plan from Municipal Committee, Phagwara and raised construction thereupon. The site plan was duly sanctioned and intimation was conveyed to the plaintiff vide memo No. 1101 dated 29.1.1976 and thereafter, plaintiff raised construction after arranging funds from different sources. Since the plaintiff was residing in Delhi and was serving in Times of India and was unable to manage the property, therefore, he appointed defendant No. 1 his real brother as attorney vide power of attorney dated 22.12.1981 for the purpose of looking after and manage the property. The said power of attorney was subsequently cancelled on 6.4.1999 and intimation was given to the defendants. Before execution of power of attorney in favour of defendant No. 1, he was orally requested to look after the property.
(3.) Defendant No. 1 misused the power of attorney and himself occupied the building comprising of residential portion as shown in green colour on the ground floor ABCD. The defendants also occupied the ground floor and part shown in red and converted into manufacturing area and got installed machineries in it. Defendant started manufacturing goods in the name of proprietorship concerned as Kalia Industries. Defendant No. 2 is the proprietor of the said concern. This thing was done without the consent of the plaintiff and defendant No. 1 also mortgaged the property in favour of Punjab National Bank at Phagwara in order to raise loan of Rs. 70,000/ - and also executed mortgage deed in favour of the Bank. When the plaintiff came to know about the mortgage, he obtained revenue record from the Patwari on 27.11.2002.;