MAHESH AGARWAL Vs. UMESH AGARWAL
LAWS(SIK)-2020-12-11
HIGH COURT OF SIKKIM
Decided on December 14,2020

MAHESH AGARWAL Appellant
VERSUS
Umesh Agarwal Respondents

JUDGEMENT

Meenakshi Madan Rai, J. - (1.) In this Second Appeal, the Judgment and Decree, both dated 28.02.2019, in Title Appeal No.18 of 2017, is being assailed. By the impugned Judgment, the Learned First Appellate Court reversed the Judgment in Title Suit No.21 of 2013, dated 28.11.2017, by which the Learned Trial Court had dismissed the Suit of the Respondents herein.
(2.) The substantive questions of law framed for determination before this Court, are as follows; "1. Whether the Judgment of the learned First Appellate Court is based on misinterpretation of documentary evidence? 2. Whether a karta of a joint family needs a Power of Attorney to deal with the properties of Hindu Undivided Family?"
(3.) The Respondents No.1, 2 and 3 herein were the Plaintiffs before the Learned Trial Court and hereinafter they shall be referred to as the Plaintiffs/'P1,' 'P2' and 'P3.' The Appellants No.1, 2 and 3 herein were the Defendants before the Learned Trial Court. They shall be referred to as the Defendants/'D1,' 'D2' and 'D3' hereinafter.;


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