JASBIR SINGH Vs. KARMA AND OTHERS

JUDGEMENT

(1.) Appellant-Jasbir Singh, who is one of the legal representatives of defendant-Ram Singh, has filed the present Regular Second Appeal to challenge the impugned judgment and decree dated 31.07.2012 passed by learned District Judge, Panipat, whereby, the judgment and decree dated 11.08.2011 passed by the trial Court has been reversed.

(2.) Briefly, the facts of the case, as made out in the appeal, are that respondent No.1 filed a suit for symbolic possession by way of specific performance on the basis of an agreement to sell dated 16.09.2002 regarding the land, in dispute. As per averments made in the plaint, defendants No.2 to 6 appointed defendant No.1 as their power of attorney vide documents dated 06.08.1998, 16.07.1998 and 07.08.2001. They entered into an agreement to sell dated 16.09.2002 with the plaintiff qua to suit land. Said suit was contested by the defendants and a joint written statement was filed by defendants No.2 to 6, including the present appellant. It was mentioned in the written statement that the plaintiff as well as defendant No.1 were real brothers and the alleged agreement dated 16.09.2002 was a result of fraud played upon the appellant and his other brothers/defendants No.2 to 6. It was also denied that defendants No.2 to 6 had ever obtained any sale consideration as alleged in the agreement to sell dated 16.09.2002. Defendants no.2 to 6 cancelled the General Power of Attorney executed in favour of defendant No.1 on 27.05.2003. Said agreement dated 16.09.2002 was fabricated by two brothers in collusion with each other. Suit filed by respondent No.1/plaintiff was decreed vide judgment/decree dated 11.08.2011.

(3.) Aggrieved by said judgment of trial Court, respondent No.1 filed an appeal before the learned District Judge, Panipat, which was allowed vide judgment and decree dated 31.07.2012.