RAJBIR SINGH (MINOR) Vs. SHEELA DEVI

JUDGEMENT

(1.) Rajbir Singh adopted son of Smt. Dhan Devi, has filed this regular second appeal for setting aside the judgments and decrees passed by both the Courts below, vide which the suit filed by Sh. Dhan Devi had been dismissed.

(2.) Smt. Dhan Devi filed a suit for setting aside the sale deed executed and registered on May 10, 1973 at Patiala in respect of House No. 1196, Sector 18-C. Chandigarh in favour of Jagdish Chander, predecssor-in-interest of defendant Nos. 1 to 4 by her General Power of Attorney Kishan Singh defendant No. 5. During the pendency of the suit, Smt. Dhan Devi died and the present appellant was brought on record as her legal representative. Jagdish Chander, the purchaser of the house, also died and his legal representatives (defendant Nos. 1 to 4) are on record.

(3.) The ground of challenge to the sale deed was that Kishan Singh, defendant No. 5 had fraudulently got the signatures of Smt. Dhan Devi and executed the General Power of Attorney in his favour though she wanted to appoint him as her special Power of Attorney in order to pursue the probate case filed by one Harcharan Singh against her. It was alleged that plaintiff never executed any General Power of Attorney in favour of Kishan Singh, defendant No. 5.