MALKIAT SINGH Vs. SHINGARA SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 20.03.2009 whereby the suit of the appellant was dismissed and judgment and decree dated 17.02.2011 whereby the appeal of the appellant was partly allowed restraining the respondent from dealing with the property or transferring the same without the consent and instructions of the appellant being its owner. However, with regard to the relief of declaration was concerned, the appeal was dismissed.

(2.) The case of the appellant before both the Courts was that he is owner in possession of the suit property and the respondent-defendant has taken the signatures of the appellant on blank papers and the appellant came to know that the respondent has forged and fabricated one document purporting to be a power of attorney of the appellant in respect of the land in question. The alleged document has not been so far got registered by the respondent. After knowing about the same, the appellant issued notice dated 05.03.2004 to the respondent not to act as attorney of the appellant and required him to hand over the said document to said Harbhajan Kaur, attorney of the appellant as the document stands annulled.

(3.) The learned trial Court dismissed the suit of the appellant as the respondent examined Balbir Singh, Tarsem Lal, Kashmiri Lal, D.W.5 marginal witness of the power of attorney, Harish Kumar Deed Writer who proved and deposed regarding the possession of the respondent of the suit property. However, nothing favourable to the appellant came out from the cross examination of these witnesses and their testimony remained unshaken and unshatterred during the test of cross examination. The appellant has not examined any expert to prove that the signatures of Malkiat Singh as Ex P4 are forged.