SANTA SINGH Vs. SWARAN KAUR

JUDGEMENT

(1.) Santa Singh filed Civil Suit No. 387 of 1980 instituted on 17.12.1980 against Smt. Swaran Kaur his daughter and SMt. Gurnam Kaur his wife for a decree of declaration to the effect that he was the owner of 1/2 share of land fully described in the plaint and he was entitled to keep his possession ignoring the false and fictitious sale deed dated 20.3.1975 for Rs. 32,500/- allegedly executed by Smt. Gurnam Kaur in favour of Smt. Swaran Kaur, Smt. Gurnam Kaur, his wife, admitted his claim whereas the suit was contested by Smt. Swaran Kaur, his married daughter. She admitted that the plaintiff was the owner of the land in dispute but it was contended that she had purchased the said land for a sale consideration of Rs. 32,500/- vide registered sale deed dated 20.3.1975 executed by Smt. Gurnam Kaur on the strength of power of attorney executed by the plaintiff in her favour. She asserted her possession on the land in dispute. Parties fought the litigation on the following issues :-

(2.) Feeling aggrieved, the plaintiff filed Civil Appeal No. 623/2/205 of 1982-83 instituted on 23.12.1982. This appeal was allowed by Shri T.N. Gupta, Additional District Judge, Ludhiana, vide his judgment and decree dated 22.5.1985.

(3.) It is that judgment and decree of the learned Additional District Judge, Ludhiana, which has been challenged by the plaintiff in this Regular Second Appeal and which requires my examination of its sustainability.