BIKRAM SINGH DECEASED Vs. RACHHPAL SINGH

JUDGEMENT

(1.) Petitioner-defendants are aggrieved with order dated 18.02.2020 (Annexure P-ll) passed by Civil Judge (Junior Division) (NRI Cases), Jalandhar, allowing an application filed by the respondent-plaintiff under Section 65 of Evidence Act to prove the power of attorney dated 28.08.2015 stated to be executed by Bikram Singh (predecessor-in-interest of defendants) in favour of Harbans Singh, by way of secondary evidence.

(2.) It is apposite to mention here that a suit was filed by Rachhpal Singh for specific performance of agreement to sell dated 21.09.2015 in respect of 10 kanals of land situated in village Lidhran (Jalandahr). The case set up by the plaintiff is that Bikram Singh(since deceased), who at the relevant time was residing abroad was owner of the said land. He agreed to sell the same to Ranjit Singh, brother of plaintiff, who was also a resident abroad. In lieu thereof it was agreed that Ranjit Singh will give his shop situated at United Kingdom and an amount of Rs.5 lacs in addition thereto. To finalize the deal, Bikram Singh executed power of attorney dated28.08.2015 in favour of Harbans Singh and on its basis, Harbans Singh entered into agreement to sell the land, ibid. Though, as agreed, Bikram Singh took the possession of the shop owned by Ranjit Singh, but he backed out from executing the sale-deed of land in favour of Ranjit Singh. Rachhpal Singh filed the suit and sought specific performance of agreement dated 21.09.2015 or in alternative passing of money decree to the tune of Rs.50 lacs with interest and costs.

(3.) In the suit, Bikram Singh was arrayed as defendant through his power of attorney Bhagwan Singh. During pendency of the suit Bikram Singh died and present petitioners were impleaded as legal representatives.