TMI Blog2010 (5) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of Shri B.K. Aggarwal, the then Senior Sub Judge Bhiwani and the registered sale deed dated 13.9.1991 executed by defendant No. 2 in favour of defendant No. 2-C are illegal, null and void and not binding upon their rights. It is alleged by plaintiffs that defendant No. 2, in connivance with defendant No. 1, who happened to be the General Power of Attorney of the plaintiffs obtained a consent decree dated 20.1.1990 on the basis of which mutation No. 5119 was also got sanctioned though the said Power of Attorney in favour of defendant No. 1 was already got cancelled by the plaintiffs by their notice dated 1.12.1987 and as there was no family settlement between the parties, therefore, the said unregistered decree, pertaining to the subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of his widow Lakshami Bai, who too had died in the riots during partition in the year 1947. It is alleged that he had filed a claim before the rehabilitation authorities and was allotted land at village Sui Tehsil Bawani Khera. The said allotment, however, later on was cancelled. Then the matter was taken up with the Rehabilitation Department, Jal-landhar for allotment of land. The Daughters of Lakshami Bai were allowed eight standard acres and thirteen units of land at Villages Tosham, Dang Kalan and Dinod. It is further alleged that as he has been litigating on behalf of the daughters of Lakshami Bai, he asked them to pay ₹ 12,000/- along with interest but to no avail. It is alleged by defendant No. 2 that his aunt died in the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he suit is bad for nonjoinder and misjoinder of necessary parties? OPP 5. Whether the plaintiff has not come in the Court with clean hands? OPP 6. Relief. 6. Both the parties led their oral as well as documentary evidence. The learned trial Court partly decreed the suit of the plaintiffs by its judgment and decree dated 04.09.2002 whereby the decree dated 20.1.1990 passed in Civil Suit No. 176 of 1988 and decree dated 10.11.1990 passed in Civil Suit No. 1274 of 1990 were declared illegal and. void and plaintiffs were also held to be joint owners in possession of the suit land. The decree of the trial Court was challenged only by defendant No. 2 by way of first appeal, which too has been dismissed by Additional District Judge (I), B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the donor of the power and the donee of the power is one of principal and agent and the expression 'agency' is used to connote the relation which exists where one person has an authority or capacity to create legal relations between a person occupying the position of principal and third parties. The relationship has its genesis in a contract where someone other than the person who has a right to act in respect of certain things has, under a contract of agency has the right to act on behalf of principal but the authority conferred by written instrument has to be strictly construed and for what the power of attorney authorizes depends on its terms and purpose for which it is executed. 10. To my mind each recital in the power of att ..... X X X X Extracts X X X X X X X X Extracts X X X X
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