MOHAN CHANDRA KARAK Vs. BANI ROY AND ANOTHER

JUDGEMENT

(1.) This is, in substance, an application for addition of a party (O. P.) filed by the petitioner Mohan Chandra Karak on the ground of purchase of entire suit property on 11th March, 2005 from plaintiff Bani Roy (O. P. No. 1) through her constituted attorney Purnananda Banerjee.

(2.) O. P. No. 1 Bani Roy filed an affidavit-in opposition alleging that she never executed any power of attorney in favour of Purnananda Banerjee to sell her property in question and that power of attorney being void, the sale, if any, was also void. It was further case that she never resided at 181/B Chittaranjan Avenue P. S. Jorasanko, Kolkata and that said address was falsely furnished in the alleged power of attorney as well as in the sale deed. It was further case that as said power of attorney was not a registered document and was alleged to be executed before a notary public, it was hit under Section 32 and 33 of the Registration Act and said alleged power of attorney holder had no authority to execute and register a sale deed. Accordingly, said application for being added as a party was prayed to be dismissed with cost.

(3.) The petitioner filed an affidavit-in-reply denying those allegations and asserting that he purchased the same as per law from the power of attorney holder of Bani Roy and that he has a formidable stake in the present appeal being purchaser of the suit property and hence he should be added as a party for ends of justice.