BALBIR SINGH AND ANOTHER Vs. SHIVALIK ENVIRON COOPERATIVE HOUSING BUILDING SOCIETY LIMITED SAKETRI AND ANOTHER

JUDGEMENT

(1.) By this common judgment, the above titled two revision nos.3959 and 3960 of 2009 are being disposed of together as the question of facts and law involved therein are identical. However, for the sake of convenience, facts are being extracted from Civil Revision No.3959 of 2009.

(2.) The facts required for disposal of this revision are that Ram Partap son of Jatti Singh, a blind person, was absolute owner in possession to the extent of his share in the suit land, detailed in para no.3 of the plaint. Respondent no.2 Jaspal Singh forged a general attorney dated 23.6.1992, allegedly, executed by plaintiff Ram Partap and some other persons. Respondent no.2, on the basis of said attorney sold the suit land to respondent no.1-Society vide eight different registered sale deeds dated 5.10.1995 and 6.10.1995. In the month of December 1995, the respondents tried to dispossess the petitioners forcibly and illegally from the suit land, but on account of timely intervention of respectables of the village, the respondents could not succeed in their evil design. The petitioners have been requesting the respondents time and again to get the sale deeds in their favour cancelled as null and void, but to no avail.

(3.) It is worth mentioning that during the pendency of the suit, plaintiff Ram Partap expired. On the basis of will dated 20.8.1998, Balbir Singh and Gurnaib Singh, being grand-sons of deceased Ram Partap, claiming themselves to be their legal heirs were impleaded as plaintiffs in the suit.