Civil

Venkedesh (Querist) 03 October 2016 This query is : Resolved
Dear sir, Sir, I am trying to redeem my father's property from the clutches of land grabbers, for the past 30 years. This is the last chance given by god. 1. I am the Respondent / Judgement debtor in a title suit. The suit was decreed against me in the year 1987. Agreed over the judgment and decree I filed a second appeal before the Madras high court, which was dismissed on 13.08.2002 to my dismay. 2. The decree holder along with his 4 legal heirs sold the suit property on 27.07.2000, lis pendency of the second appeal. Simultaneously, on the same date & time (i.e., on 27.07.2000) the D,Hr. and his 4 sons executed a power deed in favor of the purchaser of the above suit property. The D.Hr. without disclosing the above material facts to the court filed an Execution Petition on 20.03.2003. On that day, the D.Hr. has no interest in the property as it has been already sold. 3. Please note Sir, the purchaser of the suit property without disclosing either his purchase or execution of a power deed in his favour, filed an EA in the year 2003, praying to allow him to pursue the EP proceedings on behalf of the decree holder by a Special Power of Attorney. The court had allowed him to continue the EP proceedings as a Special Power of Attorney. 4. On 26-12-2015, the decree holder died. Without disclosing the death of the decree holder, the Power agent obtained order from the court to take delivery of the property during March, 2016. 5. On 8-4-2016, the Judgment debtor filed a memo before the court informing about the death of the decree holder. It was left to the J.Ds. to bring to the notice of the court that the decree holder is dead. 6. Sensing the seriousness, now the purchaser/power agent filed petition under Order III Rule 1 & 2 of CPC r/w section 151 of CPC to permit the power of attorney to continue the EP proceedings as legal representatives of the deceased decree holder, by virtue of the Power Deed executed on 27.07.2000. And he filed one more petition under Order 21 Rule 16 of the CPC to permit the power agent to pursue the EP filed by the deceased decree holder as a transferee of tile by operation of law, by virtue of the sale deed executed on 27.07.2000. Both of the above said Power deed and Sale deed have not seen light of the day for the past 17 years. 7. Now, we want clarification on the following points, Sir: (1) Whether the legal heirs of the deceased decree holder can execute the decree even now as the deceased decree holder and his legal heirs already sold the property to third party i.e., the present power agent before seventeen years? (1) Does the power alleged have been given by the deceased decree holder and his four sons on 27.07.2000 empower the petitioner/ Special power agent to seek recognition even now? (2) Does the alleged Sale deed said to be executed by the deceased decree holder and his four sons on 27.07.2000; even after seventeen years empower the purchaser/power agent to continue the EP proceedings as a transferee of title by operation of Law? . Hence, I earnestly solicit your kind legal advice in this matter Sir.

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