KASHMIR SINGH Vs. NATHA SINGH ALIAS GURBACHAN SINGH

JUDGEMENT

(1.) ORAL: C. M. No. 10613-C of 2011 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 47 days in filing the appeal is condoned. The application stands allowed accordingly.

(2.) MAIN Appeal : Defendant no.3 Kashmir Singh, having been defeated in both the courts below, has filed this second appeal.

(3.) PLAINTIFF's case is that he is owner in possession of 101 kanals 08 marlas land situated in Village Mararh, Tehsil and District Faridkot. Plaintiff also had some land in Village Lihe Ka Kalan, Tehsil Zira, District Ferozepur. Kashmir Singh � defendant no.3 persuaded the plaintiff to execute Power of Attorney in his favour for managing the land of Village Lihe Ka Kalan. However, defendant no.3, by fraud, obtained Power of Attorney from the plaintiff regarding his land of Village Mararh and on the basis of said Power of Attorney dated 27.06.2006, defendant no.3 executed two sale deeds both dated 12.07.2006 � one for 26 kanals 14 marlas land of Village Mararh in favour of his mother Gurnam Kaur � defendant no.1 for alleged consideration of Rs.6,00,800/- and the second in favour of his sister Maya � defendant no.2 for 24 kanals land of Village Mararh for Rs.5,40,000/-. The plaintiff, in the suit, challenged the aforesaid Power of Attorney and sale deeds being null and void and claimed to be owner in psosession of the entire land of Village Mararh including the land of aforesaid sale deeds. Permanent injunction was also claimed.