Property related dispute - purchased thru poa
Rakeshh Gawale
(Querist) 04 September 2025
This query is : Open
I have subscribed to the TPA and CPC courses. I came across this situation related to these two laws and I request expert guidance. The situation is bit lenghty - thanks in advance!
Mr. A and Mrs. A – Original Owner of the entire land
Mr. B and Mr. C – Purchased the land from Mr. A and Mrs. A
Mr. D – The Agent. Power of Attorney Holder. Partner in the development firm.
Mr. E – Purchased land of 1026 sq. m from Mr. B through Mr. D
Mr. F – Purchased land from Mr. B and Mr. C.
Mr. G – Legal Heir (Son) of Mr. E.
1. Agricultural land situated at Mouja. Mahadula, Khasra no. 63/1, 63/2, and 63/3, Nagpur total admeasuring 0.29 HR, 1.81 HR, and 1.81 HR respectively.
2. There was ULC on this land which was removed in the year 2006.
3. Original Owners of the land are Mr. A and Mrs. A
4. They sold their land of Khasra 63/2 to Mr. B and 63/3 to Mr. C in the year 1982 through separate registered sale deeds. Thereby, Mr. B became the absolute owner of Khasra no. 63/2 admeasuring 1.81 HR; Mr. C became the absolute owner of Khasra no. 63/2 admeasuring 1.81 HR; and 0.29 HR of Khasra 63/1 remained with Mrs. A.
5. Mr. B, Mr. C, Mr. D and one more person formed a firm named Kalinda Infrastructure Pvt. Ltd. to develop plots and sell for profit.
6. Mr. B converted the land into non-agriculture residential zone in the year 2004. This NA got canceled in the year 2008.
7. Mr. B, Mr. C, Mr. A, and Mrs. A collectively appointed Mr. D as their agent through a registered Irrevocable General Power of Attorney dated June-2004. They gave the rights of development and sale of plots to Mr. D through this power of attorney. Mr. A and Mrs. A's name was included in the power of attorney as principals because of the ULC.
8. The rights given to the agent D, through this Irrevocable Power of Attorney were ‘Jointly and severally’.
9. The subject matter of the Irrevocable Power of Attorney was clearly divisible between all the principals.
10. On the same day, Mr. B and Mr. C executed another General Power of Attorney in favour of same agent Mr. D. giving him all the rights to develop and sell the plots of this land.
11. Mr. A and Mrs. A passed away in the year 2010.
12. After the death of Mr. A and Mrs. A, Mr. B and Mr. C went ahead and got the General Power of Attorney cancelled but they did not cancel the earlier Irrevocable Power of Attorney. They also did not publish any public notice about the death of the two principals (out of 4).
13. Mr. D took advantage of this and started selling the plots to people at large.
14. Mr. E purchased two plots i.e. Plot no. 19 and 20 total admeasuring 1026 sq. m in the year 2013 through the Power of attorney holder Mr. D through registered sale deed.
15. During mutation of this sale deed, it was found out by the land revenue department that the NA Order was already cancelled in the year 2008. Hence, the land that has been sold as NA was actually not NA and has been converted back to agricultural land. Hence, they did not add the name of Mr. E in the main section of the 7/12 extract; but mentioned a comment in the right-hand side section of the 7/12 known as ‘Itar Adhikar’ stating ‘Mr. E owner of 1026 sq. m by way of purchase’.
16. Mr. E took the peaceful possession of the land, constructed a tin-shed and also secured his boundaries by way of barb-wire fencing. He also put-up a board displaying his name on the land.
17. Mr. E passed away on Sept 2018.
18. Mr. A sold the entire land of Khasra no. 63/2 to Mr. F vide registered sale deed on Oct-2018. This sale included Mr. E’s land of 1026 sq. m also. They also managed to get the mutation done on the entire land parcel of 1.81 HR by the land revenue department. Thereby, Mr. F’s name got recorded in the land revenue records as the owner of entire 1.81 HR of Khasra no. 63/2.
19. Mr. F got this land converted to non-agricultural residential zone in the year 2019 and also got the residential layout plan approved from the Nagar Panchayat office. In this residential layout map, Mr. F showed Mr. E’s 1026 sq. m land as his own land and obtained all the permissions.
20. Later, Mr. B and Mr. F submitted an application at the Tahsildar office to remove Mr. E’s name from the ‘Itar Adhikar’ section of the 7/12 extract.
21. Mr. E’s legal heir (Mr. G) got a notice about this on Dec-2021.
22. Mr. G approached the Civil Court and filed a suit for Interim Injunction, Permanent Injunction, and Declaration in Dec-2021.
23. The Civil Court granted interim injunction on Mar-2022 in favor of Mr. G till the disposal of the suit.
24. Mr. B and Mr. F applied for vacation of Stay (Order 39) in Feb-2024.
25. After a full dressed hearing, the Civil Court rejected the application and continued the Interim Injunction in favor of Mr. G on Feb 2025. This time it was a different judge though.
26. Mr. G has also appealed at the SDO Court against the 2019 NA order obtained by Mr. F showing 1026 sq. m land of Mr. E as his own land. This is still sub-judice.
27. Mr. G. has also appealed at the SDO Court against the illegal mutation of the sale deed executed in the year 2018 in favor of Mr. F. This is still sub-judice.
28. Mr. G appealed at the Superintendent of Land Records (SLR), Nagpur against the Kami-Jast-patrak obtained by Mr. F. The SLR has granted a Stay on the Order and thus separate 7/12 are not being prepared for the residential project.
29. Mr. F filed a counter suit on Mr. G seeking an interim injunction to restrict Mr. G from filing such appeals in the revenue courts, which, as per them, are frivolous. They have also prayed for declaration and cancellation of Mr. E’s sale deed in the same suit.
30. The next stage in the earlier suit filed by Mr. G is Framing of Issues.
31. The next stage in the counter suit filed by Mr. F is Hearing.
32. Mr. F or his Counsel has not appeared in the Court for the last five proceedings.
What should be the next best plan of action for Mr. G at this stage?
