SARMISHTA GUPTA Vs. KRISHAN KUMAR AGGARWAL

JUDGEMENT

(1.) THE Appellant was Plaintiff, she filed a suit for declaration and possession, which was decreed by learned Sub Judge, 1st Class, Nalagarh on 14.6.1996 but was dismissed by the learned Additional District Judge, Solan, Camp at Nalagarh on 26.2.1999 in Civil Appeal No. 44 -NL/13/96 and in Cross -objections No. 11 -NL/13/97/96.

(2.) THE case of the Appellant is that she is owner of land measuring 88 Bighas 6 Biswas, Khewat/Khatoni No. 28/46, Khasra No. 358, previously before consolidation entered at Khewat No. 44/81 bearing Khasra Nos. 458/394 (14 -0) and 460/397 ( 74 -6), situated at Vill. Bir Palasi, Pargana Palasi, Tehsil Nalagarh, District Solan (HP), sale deed dated 1.5.1986, sale deed dated 17,5,1986 and gift deed dated 17.11.1986 in favour of deceased Ram Sarup by Respondent projecting him as General Power of Attorney holder of Appellant on the basis of forged General Power of attorney dated 30.7.1981 are wrong, illegal without consideration and not binding on Appellant. The Appellant has prayed decree for possession. The Respondent was Defendant No. 2 and his father Ram Sarup was Defendant No. 1 in the suit. Ram Sarup died during the pendency of the Second Appeal and his name was deleted.

(3.) ON the pleadings of the parties, the following issues were framed: