NAKSHATRA SINGH Vs. GOHDI DEVI

JUDGEMENT

(1.) This writ petition has been filed under Article 226 and 227 of the Constitution of India assailing the order dtd. 11/3/2024 (Annexure-9) passed by the Civil Judge Anupgarh in Civil suit no. 33/2017 rejecting the application under Ss. 45 and 73 of the Indian evidence Act 1872.

(2.) Brief facts of the case are that the original plaintiff- Smt Gohdi Devi filed a suit on 10/7/2007 (Annexure-1) for declaration of sale deed dtd. 2/8/2006 as null and void and for possession of agricultural land before ADJ Anupgarh against original defendant no 1 and defendant No.2 on the grounds that the plaintiff possesses 25 bigha agricultural land in murabba No.37/60 at Chak-2 at District-Anupgarh which was alotted to her as a pong dam oustee. She also stated in the plaint that the said land was given for cultivation to Nakshatra Singh on contract basis in 2006 however the amount against the same was not paid and when the plaintiff asked for the payment it was replied by the defendant No1 that the land belongs to his wife, petitioner No.2- Paramjit Kaur.

(3.) Thereafter the plaintiff made inquiry and got to know that a power of attorney dtd. 23/4/1992 was forged and fabricated in her name and on that basis the defendant No.1 - Nakshatra Singh executed a sale deed in favour of his wife on 02/8/2006.