KULJEET SINGH Vs. KULWINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India impugning the order dtd. 26/8/2019 whereby the application filed by the plaintiff-petitioner under Order 14 Rule 5 CPC for framing of additional issues has been declined.

(2.) The brief facts relevant to the present lis are that the plaintiffpetitioner filed a suit for declaration as well as injunction averring therein that he was owner in possession of land measuring 23 kanals 19 marlas, 13 kanals 8 marlas, 37 kanals 17 marlas, 42 kanals 16 marlas, 4 kanals 2 marlas, 12 kanals, 12 kanals 5 marlas as per jamabandi for the year 2003-2004, situated at village Dhaula, Tehsil and District Ludhiana and further challenged the registered Power of Attorney dtd. 25/6/2010 registered in the office of Sub Registrar, Ludhiana as illegal, null and void as a result of coercion and fraud played by respondent Nos.1 and 2 i.e. the wife and son of the petitioner, as also for a declaration that the sale deeds dtd. 1/7/2010,8/7/2010 and 13/7/2010 were null and void.

(3.) The suit was contested by the defendant-respondents who stated that a power of attorney was executed by the plaintiff-petitioner in favour of the defendantrespondent No.2 who then, on the basis of the power of attorney, executed sale deeds dtd. 1/7/2010, 8/7/2010 and 30/7/2010 in favour of defendantrespondent No.1 on the basis of an oral agreement to sell. It was averred that there was no sale deed dtd. 13/7/2010 and that the same is 30/7/2010.