CHANAN KAUR ALIAS CHANNO Vs. PAKHAR SINGH

JUDGEMENT

(1.) This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, the Code, challenging the judgment and decrep dated 21-8-1979 passed by the learned Additional District Judge, Jalandhar, reversing the findings recorded by the Civil Judge, Phillaur. The suit of the plaintiff appellant for possession had been decreed by the Civil Judge on 27-9-1978.

(2.) The plaintiff-appellant filed the suit claiming that she being the only daughter of Waryama son of Nathal was entitled to inherit the suit land in accordance with the provisions of Hindu Succession Act, 1956. She further alleged that defendant-respondents No.l and 2 were the real nephews of Waryama her father who died in Canada on 30-8-1974. Defendant-respondents No. 3 and 4 are the grandsons being the sons of defendent-respondents No.l and 2 respectively and accordingly on account of the presence of the plaintiff appellant who is the direct heir of Waryama being his daughter she was entitled to inherit the suit land or the estate left by him. It was further alleged that on account of the marriage of the plaintiff appellant, she left her own village and taking advantage of her absence, the defendant respondents had taken forcible and illegal possession of the suit land to which they had no right or interest. She further asserted that the possession of the defendentrespondents of the suit land is illegal, forcible, null and void and they were merely trespassers. On enquiry, the plaintiff-appellant is alleged to have found that the defendantrespondents had some power of attorney executed by Waryama in their favour which is claimed to be absolutely wrong.

(3.) Defendant-respondents No. 1, 3 and 4 filed their written statement and set up the plea that Waryama deceased had executed a general power of attorney in favour of defendant-respondent No.l on 23-10-1972 which is duly attested by a Notary Public in Canada. On the basis of the power of attorney, defendant-respondent No. 1 executed two sale deeds for a consideration of Rupees 15,000/- each on 27-12-1972 in favour of defendant-respondent No. 3 and