NIRBHAI SINGH Vs. RAJBIR SINGH

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in Regular Second Appeal Nos. 3523 of 2001 and 2839 of 2001 and both these appeals having been directed against the same judgment and decree dated 14.5.2001 passed by the then Additional District Judge, Ropar, the same are being disposed of by this common judgment. Vide the impugned judgment and decree, the two appeals preferred against the judgment and decree dated 26.9.1997 passed by the then Additional Civil Judge (Senior Division), Kharar were dismissed. Facts have, however, been taken from Regular Second Appeal No. 3523 of 2001.

(2.) THE facts, in brief, may be noted as under :- Nirbhai Singh, plaintiff (appellant herein) filed a suit for a declaration against the defendants (respondents in this appeal) to the effect that the Power of Attorney allegedly executed by the sons of Mohinder Singh, resident of Malaysia in favour of the defendants is a forged document. The plaintiff also prayed for relief of permanent injunction restraining the defendants from dispossessing him from the suit property situated in village Allapur, Tehsil Kharar illegally and forcibly on the ground that he is in peaceful possession of the suit property partly as a mortgagee and partly as a tenant. The defendants were very shrewd persons and they have forged a Power of Attorney under the name of Mohinder Singh, resident of Malaysia. The defendants threatened to redeem the suit land on the basis of forged deed. The defendants have no concern with the suit property.

(3.) IN the replication filed by the plaintiff, the averments made in the plaint were reiterated and those in the written statement were controverted.