Kewal Krishan v. Rajesh Kumar & Ors.

Parties Involved

Facts Summary

The appellant Kewal Krishan and his brother Sudarshan Kumar acquired properties under sale deeds dated 12th August 1976 and 19th October 1976. Kewal Krishan executed a power of attorney in favor of Sudarshan Kumar on 28th March 1980. Acting on this power of attorney, Sudarshan Kumar executed two sale deeds on 10th April 1981, selling parts of the properties to his minor sons and his wife. The appellant filed suits against Sudarshan Kumar and his family for injunction and possession of his share in the properties. The Trial Court dismissed the suits, finding Sudarshan Kumar to be the sole owner. The District Court partly allowed the appeals, holding that both appellant and Sudarshan Kumar were joint owners. The High Court allowed the second appeals by the respondents, holding that the appellant and Sudarshan Kumar were joint owners and that the suits for declaration of invalidity of the sale deeds were barred by limitation.…

Legal Issues

• 1. Whether the sale deeds executed by Sudarshan Kumar on 10th April 1981 were valid and had consideration.
• 2. Whether the appellant is entitled to a share in the suit properties.

Judgment Outcome

Decided in favour of Assessee.

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