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2009 DIGILAW 685 (JK)

Shafat Ahmad Zaroo v. Sharan Paul Singh

2009-12-24

SUNIL HALI

body2009
1. Review is sought against the order passed by this court in revision petition No. 56/2009 on 28th of August, 2009. 2. It is contended in the review petition that the trial court has not taken into consideration the fact that no authorization was given to the respondent to file the suit on behalf of the executant. Other ground taken is that court could not introduce the power of attorney which has not been executed in Jammu and Kashmir unless and untill the same was not authenticated by the concerned District Magistrate, i.e. District Magistrate, Baramulla. This court also while deciding the present revision has not taken into consideration this fact, as such review is sought for correcting the error. 3. I have heard learned counsel for the parties. 4. Perusal of the General Power of Attorney executed by Sharanpal Singh in favour of Varinder Singh Bali reveals that no authorization has been given to the attorney holder to file the suit. It is also correct that authentication as required under law has not been done as is required under Section 18, 31 and 35 of the Stamp Act, Svt. 1977. However, it be seen that the General Power of Attorney executed relates to one third share of the plaintiff in the land consisting 4 kanals of land falling under Khasra No. 873 situated at Ushakara, Baramulla. Recitation of the General Power of Attorney also authorized the executant to do all lawful acts, deeds and things whatever shall be required by the said attorney from time to time for the aforesaid land. The suit has been filed before the Sub Judge, Baramulla in the nature of Mandatory Injunction commanding petitioner/ defendant to demolish the structure of two residential houses and handover the possession of land to plaintiff. Filing of the suit by the attorney holder is lawful act to preserve the property of the executant. 5. I, therefore, hold that authorization to file the present suit is clearly visible in the General Power of Attorney. Regarding the second ground that it has not been properly stamped, in this respect the petitioner/defendant can raise the plea before the trial court as it has no occasion to deal with the matter. 6. With these observation, I find no force in this petition, same is dismissed. 7. Parties are directed to appear before the trial court on 27.01.2010.