SARUP SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) DURING the course of arguments, the following substantial questions of law have arisen in the present appeal :

(2.) THE plaintiff is in appeal. He filed a suit for declaration to the effect that the sale deed dated May 3, 1979 vide which the mortgagee rights had been sold by defendant No.1-Jaswant Singh in favour of defendant No. 2-Kulwant Singh and the sale deed dated May 5, 1979 executed by defendant No. 1-Jaswant Singh in favour of defendants No. 3 to 5 are null and void being the result of fraud and not binding on the rights of the plaintiff. A consequential relief was claimed to restrain the defendants from interfering or taking the forcible possession of the suit land.

(3.) THE defendants contested the suit. Separate written statements were filed by defendants No. 2 and 3 and defendants No. 4 and 5. Almost identical pleas were taken by defendants. The maintainability of the suit was challenged. It was also claimed that defendant No. 1 had duly executed the sale deeds in question on the basis of the authority given to him by the plaintiff in the general power of attorney. The defendants also claimed that they had purchased the suit land for a valid consideration. Defendants No. 4 and 5 also claimed that they were bona fide purchasers for consideration without notice of any defect in the sale deeds.