RACHHPAL SINGH Vs. HARSWARAN SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-plaintiff against the order passed by the learned Appellate Court, vide which the judgment and decree passed by the learned trial Court was set aside and the case has been remanded back to the learned trial Court with the direction to allow the appellant/defendant to produce additional evidence with regard to the execution of General Power of Attorney dated 4.8.1970 as well as correction of sale-deed and also to permit Mangal Singh, defendant, to produce evidence on issue No. 6 and to decide all the issues afresh. The case of the appellant-plaintiff is that he is residing in Switzerland. His brother Harswaran Singh, defendant, by making misrepresentation that he had general power of attorney of the appellant-plaintiff sold his share in land to his son Swaranjit Singh by way of sale-deeds dated 11.11.1988 and 22.11.1988. It was also pleaded by the appellant-plaintiff that defendant No. 1 had no right or authority to deal with the property falling to his share as he was not appointed as attorney; therefore, the sale-deeds executed by him on his behalf were void ab initio. The appellant-plaintiff further alleged that Swaranjit Singh, defendant No. 2 further sold the land, which was purchased by him from defendant No. 1, to defendant No. 3 to 6 by executing sale-deeds dated 30.11.1988 and 28.12.1988 in their favour, which he could not have done as he had no right or title to the property as the sale-deeds in his favour executed by defendant No. 1 were illegal and void.

(2.) SUIT was contested by Mr. Harswaran Singh, Swaranjit Singh as well as defendant No. 3 Mangal Singh. It may be pertinent to point out that defendant No. 9 Lakhwinderjit Singh son of Harswaran Singh who was impleaded as a party also contested the suit. Stand taken by the defendant No. 3 was that the sale-deeds were legally executed in his favour by Harswaran Singh on the basis of power of attorney of the appellant-plaintiff Rachhpal Singh and he rightly sold the same to Mangal Singh and other defendant-respondents.

(3.) HOWEVER , Mr. Lakhwinder Singh, respondent No. 9, newly added defendant, in his written statement had claimed ownership of whole of the land on the basis of Will dated 20.9.1962.