HARDEEP SINGH Vs. MOHINDER SINGH (DECEASED THROUGH LRS)

JUDGEMENT

(1.) This order of mine shall dispose of two appeals bearing RSA No.1752 of 2013 titled as "Hardeep Singh v. Mohinder Singh (deceased through LRs)" and RSA No.1753 of 2013 titled as "Hardeep Singh v. Kamaljit Kaur and others" filed against the judgment and decree rendered by the lower Appellate Court, whereby the judgment and decree of the trial Court decreeing the suit of the plaintiff has been reversed/set aside, in essence, the suit has been dismissed.

(2.) It would be apt to give preface of the matter before adverting to the rival contention of learned counsel for the parties.

(3.) The plaintiff instituted the suit challenging the sale deed 18.09.1987 to the extent of 90 sq. yards, out of 605 sq. yards and sale deed dated 27.01.1988 to the extent of 666? .. " sq. yards, on the premise that Rajinder Singh, GPA-holder, by virtue of GPA dated 30.04.1986 (Ex.PW1- A) had exceeded his power as he was authorized to sell the land measuring 1 kanal 4 marals only and not beyond that. It was averred in the plaint that Rajinder Singh sold 210 sq. yds. to one Manpreet kaur Kaur, vide registered sale deed dated 24.11.1986 and further sold 605 sq. yds. to defendant No.1 on 18.09.1987, whereas he was entitled to sell 515 sq. yds. only, but he sold 90 sq. yds. excess of the share of the plaintiff without consent and again sold 666? .. " sq. yds to defendant No.2 vide sale deed dated 27.01.1988 on the basis of the aforementioned power of attorney.