MAYA Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal against the judgment and decree passed by the lower appellate court dated 2.9.2000. The plaintiff-appellant filed a suit for joint possession qua the suit land alleging that she was the owner in possession to the extent of 1/4th share of the suit property and the respondents are cosharers in possession in the remaining suit property and they were intent on grabbing the property of the appellant and, therefore, prepared a forged and false power of attorney bearing Wasika No. 774 dated 11.6.1991 and on the strength of this power of attorney a sale deed was got executed and registered by which her share had been alienated. The case of the appellant was that she never appointed Inderpal Singh as his power of attorney and neither had she appeared in the office of the Sub Registrar to get the sale deed registered. It is on the basis of this power attorney that the alleged sale is stated to have been effected.

(2.) The respondents while responding to the suit had pleaded that both, the power of attorney and the consequent sale on the basis of power of attorney were valid and there was no forgery or fraud committed on their part.

(3.) On the pleadings of the parties, the trial Court framed the following issues: