PARAMJIT KAUR Vs. KULDIP SINGH AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal has come to be filed after the trial Court of learned Civil Judge (Senior Division), Rupnagar through judgment and decree dated 09.03.2011 dismissed the suit of the plaintiff Kuldip Singh and on appeal by the plaintiff the first appellate Court of learned Additional District Judge, Ropar through judgment and decree dated 05.06.2012 allowed the appeal whereby setting aside the findings of the trial Court and that is how the defendant -appellant has come up in this RSA against these expressions of two divergent opinions by the courts below.

(2.) HEARD at length Mr. Sandeep Kumar Sharma, Advocate for the appellant, Mr. Vikas Bahl, Senior Advocate assisted by Ms. Balpreet Kaur Sidhu, representing respondent No. 1 and on perusal of the records.

(3.) THE heirs of Kanwar Kultar Singh in their stand took the plea that the suit was not maintainable and though admitted the inter -se relationship, claimed that the plaintiff had duly authorized his brother Jagjit Singh who on the basis of the Power of Attorney had executed sale deed which was a genuine transaction having been duly registered and so the sale deed as a consequence of the same, and terming the case of the plaintiff to be false and incorrect and the documents to be legal and legitimate sought dismissal of the suit.