ROSHAN LAL Vs. ROMESH KUMAR

JUDGEMENT

(1.) Petitioners have challenged the order dtd. 5/4/2017 passed by Additional Civil Judge (Senior Division), Mukerian, vide which application filed by the plaintiffs/petitioners for reframing of issue No.2 was dismissed.

(2.) Plaintiffs filed a suit for declaration with the plea that Faili Ram was real brother of the plaintiffs. He had left the house without telling anything to the plaintiffs or the deceased brother of the plaintiffs namely Nanak Chand who was father of defendants No.1 and 2 and to other relatives for more than 22 years ago. His whereabouts were not known and he was not heard by the plaintiffs for the aforesaid period. He was presumed to be civilly dead in the eyes of law. Faili Ram was recorded as owner of land measuring 48 kanals 9 marlas i.e. the suit land. After the civil death of Faili Ram, the plaintiffs being brothers and sisters claimed to be only heirs of Faili Ram under Hindu Succession Act as Faili Ram was a bachelor. Defendant No.1 in connivance with marginal witnesses and scribe, forged and fabricated general power of attorney dtd. 21/11/2008 by way of placing some imposture in his place. The alleged general power of attorney was never executed by Faili Ram as he was civilly dead for more than 22 years. General power of attorney dtd. 21/11/2008 was claimed to be forged and fabricated. On the basis of said general power of attorney, defendant No.1 further sold the land in favour of defendants No.3 to 7 vide registered sale deed dtd. 12/12/2008. The said sale deed was also claimed to be illegal and non-est.

(3.) The suit was contested by the defendants. Defendants relied upon agreement dtd. 24/6/1983 and photographs of Faili Ram with plaintiffs No.1 and 2 of 3-4 years earlier and several respectables of village who identified Faili Ram before Tehsildar and SDM, Mukerian. The mutation of sale deeds executed by general power of attorney of Faili Ram was a contested issue and the mutation was sanctioned in favour of defendants No.3 to 7 after due contest. Faili Ram himself offered for DNA test with his brother, but the plaintiffs did not dare to do so. Even now defendants No.1 to 7 remained ready to produce Faili Ram for DNA test with the plaintiffs but the same was denied. Faili Ram was claimed to be a religious person and he often remained on tour in the company of Saints and by taking benefit of that, the plaintiffs sold his land of village Dokwal (HP). General power of attorney dtd. 21/11/2008 was claimed to be legal and valid.