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Showing contexts for: void trust in M/S. Jamnalal Bajaj Seva Trust vs Smt. Jayalakshmamma on 23 January, 2020Matching Fragments
3. Does the plaintiff Trust prove that, the sale deeds executed by the defendants with respect to the suit schedule property on behalf of the plaintiff trust on 15.10.2007 as it's power of attorney holder is null and void and same is not binding on the plaintiff Trust?
21 O.S.No.2163/2011
4. Does the plaintiff Trust prove that, defendants are illegally alienating the suit schedule property as contended in the plaint, so it is entitle for the relief of declaration as sought in the plaint?
10. Issue Nos.2 and 3:- As these issues are interconnected, they are taken together for discussion.
11. It is admitted fact by the parties that, earlier plaintiff trust was the owner of the suit property and presently defendant No.2 is in possession of the suit property.
12. The definite contention of the plaintiff trust is that, suit property is sold by B.C. Choudhary as a representative of the plaintiff trust to the defendant No.1 under GPA and also affidavit, which are produced by the defendants at Ex.D.10 and D.11. On the basis of Ex.D.10 and D.11, defendant No.1 has sold the suit schedule property in favour of defendant No.2 as per Ex.D.17 and the plaintiff has come up with the present suit that the GPA transaction by B.C. Choudhary in favour of defendant No.1 and on the basis of GPA, sale deed executed by defendant No.1 in favour of defendant No.2 is null and void and to declare the plaintiff trust is absolute owner of the suit schedule property and for possession and other reliefs.
22. Issue No.7:- In view of my findings on the above issues, I proceed to pass the following:-
33 O.S.No.2163/2011
ORDER The suit of the plaintiff is decreed.
The plaintiff trust is declared as owner of the suit schedule property, consequently, plaintiff trust is entitled for possession of the suit schedule property.
The sale deed dated 15.10.2007 registered as document No.NGB-1-03126/07-08 in the office Sub- Registrar, Nagarbhavi, Bengaluru and the power of attorney dated 21.01.1981 is declared as null and void and not binding on the plaintiff trust.