MANGAT RAM MONGA Vs. MUKHTIAR SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the plaintiff-appellant, who is aggrieved against the dismissal of his suit for declaration and permanent injunction by both the Courts below.

(2.) The pleaded case of the appellant is that the special power of attorney made by defendant no. 1 in favour of defendant no. 2 and executed and registered on 22.11.2004 by the office of the Joint Sub Registrar, Bariwala and the sale deed executed on 29.11.2004 and registered on 09.12.2004 by defendant no. 2 in favour of defendant no. 3 for a sum of Rs. 4,25,000/- in respect of land measuring 34 kanals in village Chak Baja Marahar, Tehsil and District Muktsar is illegal, fictitious, fraudulent and against law. The said transactions were to cheat the plaintiff and in order to grab the principal amount of Rs. 3,50,000/- and interest on the basis of pronote and receipt dated 07.04.2003 and were not binding on the rights of the plaintiff and the said power of attorney and sale deeds are liable to be set aside. Consequently, permanent injunction to restrain defendant no. 2 from withdrawing an amount of Rs.4,62,000/- from the saving bank account No. 6675 lying in Oriental Bank of Commerce being the consideration of sale price of the land owned by Mukhtiar Singh-defendant no. 1, who was declared to be of unsound mind vide report dated 12.03.2005 on the basis of an accident suffered on 21.06.2004 was also prayed for.

(3.) The case set up by the appellant-plaintiff was that he was a sole proprietor of HUF firm and defendant no. 1-Mukhtiar Singh used to sell his agricultural produce through him and used to take amount as loan from the plaintiff time to time. Defendant no. 1 had taken a loan from the plaintiff on 25.12.2000 and visited the shop of the plaintiff and understood and settled his whole previous account and an amount of Rs. 2,05,000/- was found outstanding in his account and an entry to this effect was made in the Rokar Bahi of the firm, which was explained to the said defendant and he had after admitting it to be correct, signed the same after pasting one revenue stamp on it. Defendant no.1 again visited the shop of the plaintiff on 07.04.2003 and took an amount of Rs. 50,000/- in cash as loan from the plaintiff and understood and settled his previous account. The interest amount of Rs. 95,000/- was calculated and an amount of Rs. 3,50,000/- was found outstanding in his account on 07.04.2003 which included the amount of Rs. 50,000/- as well received by defendant no. 1 on that day. A pronote and a receipt was executed in lieu of the same and defendant no. 1 signed the same and further agreed to pay interest @1.50% per month. On refusal to pay the amount, the plaintiff had filed the suit for recovery of Rs. 4,62,000/- as principal amount and interest. Defendant no. 1-Mukhtiar Singh had been adjudged to be a person of an unsound mind and could not appear in the said suit and he was made a party in the present suit through his son-Gurwinder Singh. As per the information of the plaintiff-appellant, Mukhtiar Singh was not unconscious and of unsound mind before 21.06.2004 and he just defrauded the plaintiff in order to grab his amount with mala fide intention. Defendant no. 1, in connivance with his wife Charanjeet Kaur-defendant no. 2 and his son Gurwinder Singh, appointed his wife as his special power of attorney to sell his land measuring 34 kanals on 22.11.2004 in the presence of Sarpanch of the village Baja Marahar and Amarjit Singh of village Sarai Naga, who were marginal witnesses of special power of attorney and the same was attested by the Joint Sub Registrar, Bariwala. Charanjeet Kaur-defendent no. 2 sold the above said land of defendant no. 1 to Mangal Singh-defendant no. 3 vide sale deed No. 1122 executed on 29.11.2004, registered on 09.12.2004 for a nominal price of Rs. 4,25,000/- whereas she had also sold land measuring 19 kanals 14 marlas belonging to herself to defendant no. 3 for Rs. 4,19,000/- vide sale deed executed on 29.11.2004 and registered on 06.12.2004 and the above said land was sold for more than Rs. 10,00,000/-. Charanjeet Kaur received Rs. 10,00,000/- from defendant no. 3 through cheque of Oriental Bank of Commerce. As per report dated 12.03.2005 of the Board of Doctors of G.G.S. Medical College, Faridkot, defendant no. 1 was a person of unsound mind from the date of his accident i.e. 21.06.2004 and, therefore, his sonGurwinder Singh and wife Charanjeet Kaur-defendant no. 2 and other family members had no right to grab his property. It was done only for the purpose of defrauding the plaintiff and grab the amount of the plaintiff with a mala fide intention and they formulated a plan to defeat the rights of the plaintiff.