SWARAN KAUR Vs. HARJINDER SINGH

JUDGEMENT

(1.) Defendants No.8 and 9 in Civil Suit No.184/1991 are in appeal. For convenience, the parties are being referred to by their original position in the suit, i.e. the appellants as defendants No.8 and 9, respondent No.l as plaintiff, respondent No.2 to 8 as defendants No.l to 7, respectively, and respondent No.9 as defendant No. 10.

(2.) As per the case of plaintiff, defendants No.l to 6 were owners of the suit land as described in the headnote of the plaint, measuring 7 Kanais 6 Marlas. Defendants No.l to 6 executed General Power of Attorney dtd. 13/6/1985 in favour of defendant No.7 - Sarup Singh (brother of the plaintiff) son of Gulzar Singh son of Khem Singh. Sarup Singh-defendant No.7, acting as Attorney of defendants No.l to 6, entered into an agreement to sell qua suit land with the plaintiff on 14/6/1985, for a sum of Rs.31,000.00. Defendant No.7 received an advance of Rs.30,000.00 as earnest money in the presence of attesting witnesses.

(3.) Learned Senior Counsel for the appellants/defendants No.8 and 9 has assailed the findings recorded by Lower Appellate Court. He submits that the present lis is nothing but a ploy at the hands of two real brothers attempting to defraud the original owners and appellants were bonafide purchasers for consideration. He further submits that after the third brother lost declaratory suit propounding forged and fabricated Will of their grandfather Khem Singh, the very next day the present suit was instituted by other two brothers cooking up an anti-dated agreement to sell.