HARNAM KAUR Vs. AMARJIT SINGH

JUDGEMENT

(1.) The appellant/plaintiff has instituted the present Regular Second Appeal (hereinafter referred to as "RSA") under Sec. 41 of the Punjab Courts Act, 1918, assailing the judgments and decrees rendered by the Courts below. The appeal is primarily founded on the contention that the findings recorded by the learned Sub-Judge 1st Class, Barnala and the learned Additional District Judge, Barnala, are contrary to law, founded upon a manifest misappreciation of evidence, and have occasioned substantial prejudice to the appellant, thereby warranting the intervention of this Court in exercise of its appellate jurisdiction under the said provision.

(2.) For the sake of clarity and convenience in the discussion, the parties shall hereinafter be referred to as the plaintiff and the defendants, corresponding to their respective status before the learned Trial Court. The salient and material facts forming the foundation of the present proceedings, which are essential for an informed adjudication of the issues, are briefly narrated as follows:-

(3.) Upon notice, the defendants appeared and filed written statement. Defendant No.1, Amarjit Singh, asserted that the power of attorney dtd. 23/4/1986 was voluntarily and validly executed by Kapur Singh, duly authorizing Gurdev Singh to alienate the property. He contended that the impugned sale deeds were executed for lawful consideration and are binding. Allegations of fraud, coercion, or incapacity were emphatically denied, terming the plaintiffs' case as false and collusive. He further pleaded lack of locus standi, misjoinder of parties and causes of action, estoppel, and improper valuation. He maintained that the sale transactions preceded the alleged revocation and that he is a bona fide purchaser for value without notice. Defendant No.2, Gurdev Singh, similarly denied all allegations, asserting that the sales were validly executed under due authority and that the full sale consideration of Rs.40,000.00 was paid to Kapur Singh on 27/4/1986 against a duly executed receipt.