SHEELA DEVI Vs. GURSHARAN SINGH AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of aforesaid regular second appeals as these are the offshoot of common judgments and decrees passed by the Courts below and involve identical questions of facts and law for adjudication. However, for facility of reference, facts are being taken from RSA No. 5179 of 2012.

(2.) Gursharan Singh, respondent/plaintiff filed two suits (Civil suit No. 4-C of 2006/2011 and Civil Suit No.5-C of 2006/2001) for declaration claiming his ownership in possession of 1/3rd share of shop bearing old house tax No. 3428 and new M.C. Unit No B-8/28, detailed in the plaint and challenged sale deed bearing No. 1333 dated 27.04.2006 executed by defendant - Manohar Lal as special power of attorney in favour of defendants No. 1 to 3 being null and void without authority, a sham transaction, based upon fraud, forgery and impersonation. It is averred that the impugned sale deed has been executed by Manohar Lal, special power of attorney of Sukhdev Singh, the alleged general power of attorney of Gursharan Singh- plaintiff. The plaintiff never appointed Sukhdev Singh as a general attorney nor authorized him to alienate/transfer his property. The power of attorney was procured by way of fraud, forgery and impersonation, therefore, it is a piece of waste paper.

(3.) The defendants filed the written statement seriously contesting claim of the plaintiff. They raised preliminary objections challenging the suits being without cause of action; bad for non-joinder and mis-joinder of necessary party; the plaintiff being estopped by his own act and conduct and suit being bad for non-payment of ad valorem court fee on sale deed dated 27.04.2006. It is further alleged that the plaintiff is not in possession of any inch of suit land and the defendants are bona fide purchasers for consideration. The property is under tenancy of M/s Naurang Medical Hall through its proprietor Ramesh Kumar since 18.07.2006 vide rent note dated 24.07.2006. They have controverted the plea that power of attorney in favour of Sukhdev Singh is the result of forgery, fabrication and fraud with the averments that Sukhdev Singh, brother of the plaintiff after receiving full and final payment of Rs.1,80,000/- got registered special power of attorney in favour of defendant Manohar Lal for execution and registration of sale deed No. 1333 dated 27.04.2006. The physical possession of the property was delivered to the defendants after receiving full sale consideration. All other material averments of the plaint have been denied with a prayer for dismissal of the suit with special costs.