BHAGAT SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 13.6.2001 passed by Learned Additional District Judge, Solan, Camp at Nalagarh in Civil Appeal No. 58 -NL/13 of 2000 affirming judgment, decree dated 1.8.2000 passed by Learned Sub Judge, Nalagarh in Civil Suit No. 17/1 of 1995. Puran Chand, Plaintiff died when the suit was in the trial Court and his two sons Sunder Singh and Bhagat Singh were brought on record. The other two sons are Defendants in the suit. In the judgment, the parties are referred as Plaintiff and Defendants.

(2.) THE brief facts of the case are that Puran Chand, Plaintiff had filed a suit for declaration that he is owner in possession of the suit land described in the plaint with consequential relief of permanent prohibitory injunction restraining the Defendants his two sons from alienating the suit land. The further case unfolded by Puran Chand was that he was infirm, aged, sick for the last two years. He was owner of the suit land. The Defendants brought him to the residence of Defendant No. 2 in the first week of May, 1993 on the pretext of medical treatment. He was residing with his eldest son at Mahmla.

(3.) THE Defendants subsequently represented the Plaintiff that General Power of Attorney earlier executed was defective and fresh General Power of Attorney was to be executed. The Defendants brought the Deed Writer and Sub Registrar for getting the previous Power of Attorney revoked and to execute a new General Power of Attorney. The signatures of Plaintiff were obtained by representing the documents to be cancellation of earlier General Power of Attorney and to execute fresh General Power of Attorney.