Legal Question in Civil Litigation in India

1) A land in property card now also in the name of Firm & proprietor name was given for development in 1981. an agreement was entered along with irrevocable power of attorney. The agreement mentions the firm name as owner & 2 partners "A" & "B". "A's" name is mentioned as proprietor of firm in property card & 7/12 & other record of rights. the agreement was signed only by "A". "A" also executed another power of attorney for redevelopment of the land in 1983.
2) As per agreement a nominal rent of 10 paise/sq.ft was to be charged by the owners. "A" collected it for the year 1987 & 1988 (for 2 years only) in "A's" name only, afterwards he stopped collecting.
3) "A" died in 1997. later "B" the second partner also he is son of "A" approached the Power of Attorney holder in 2003 and asked for the nominal rent of 10 paise/sq.ft. so the attorney holder gave the nominal rent from 1989 till 2003. "B" collected these rent in the Firm's name.
4) in 2006 "B" filed an eviction case in small causes court against the attorney holder. which is pending. the case is in the name if "B" claiming to be the landlord and owner.
5) the attorney holder beinng old at that time had given every documents to his advocate. the advocate didn't put all documents and didn't mentioned the power of attorney of 1983 in his written statement.
6) Also the "B" mentioned in plaint about the attorney holder giving him rent in his plaint. truly the rent collected was in Firms name. but the case in in the personel name of "B".
7) now the advocateof the attorney holder i.e. defendant had admitted that the defendant has given the rent to plaintiff i.e. "B". but the rent was given in the name of Firm.
7) now in 2008 an amendment application was moved before court for amending written statement of defendant which was rejected.
8) Is there any citations in support of attorney holder.
9) can youu give any opinion.
Thanks
Iraqui Abuzar Javed

Asked on 10/02/10, 11:17 pm

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case the defendant had admitted that defendant has given the rent to plaintiff, then how can attorney be supported?

Answered on 10/03/10, 3:38 am

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