RSA No.2581 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh RSA No. 2581 of 2008 Date of decision: 23.03.2011 Piara Singh .....Appellant Versus Surinder Singh and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Raman Sharma, Advocate, for the appellant Mr.Rajiv Joshi,Advocate for respondent No.1 **** SABINA, J. Plaintiff had filed a suit for declaration and permanent injunction. The case of the plaintiff in brief was that the plaintiff and defendants No. 1 and 2 were real brothers. Defendant No.3 was son of defendant No.2. Plaintiff had purchased 4 marlas of plot in dispute vide sale deed dated 11.4.1983 from his father-Thakar Singh and since then he was in possession of the same. Defendant No.1 alleged that Swaran Kaur, daughter of Jawala Singh had appointed him as his attorney. Jawala Singh was brother of grand father of the plaintiff. On the basis of the said power of attorney, defendant RSA No.2581 of 2008 2 No.1 executed the sale deed in favour of defendants No. 2 and 3. Jawala Singh was unmarried and had died issueless. Swaran Kaur was not the daughter of Jawala Singh and had no concern with the suit property. Swaran Kaur had died on 9.3.1998,whereas,the sale deed was executed on 10.2.1999. Defendants, in their written statement, denied the contentions in the plaint. It was averred that the suit property had been inherited by Swaran Kaur after the death of her father Jawala Singh. She had sold the suit property to Tara Singh vide writing dated 21.3.1983 and had also executed a power of attorney in favour of Tara Singh and on the basis of the same, defendant No.1 had sold the suit property to defendants No. 2 and 3. On the pleadings of the parties, the following issues were framed by the trial Court:- “1. Whether the sale deed dated 10.2.99 is illegal,null and void and does not confer any right, title or interest in favour of defendant No. 2 & 3?OPP 2. Whether the plaintiffs is entitled to the relief of permanent injunction as prayed for?OPP 3. Whether the plaintiff has no locus standi to file the present suit?OPD 4.Whether Tara Singh is duly appointed attorney of Swaran Kaur?OPD 5.Whether the suit is time barred?OPD 6.Whether the suit is liable to be rejected on the ground of ad-volerum?OPD 7 Relief” RSA No.2581 of 2008 3 The Civil Judge (Junior Division) vide judgment and decree dated 19.9.2005 decreed the suit of the plaintiff and held that the sale deed dated 10.2.1999 was not binding on the rights of the plaintiff and conferred no interest in favour of defendants No. 2 and 3. The said judgment and decree were upheld in appeal filed by defendant No.2 by the Additional District Judge vide judgment and decree dated 5.6.2006. Hence, the present appeal by defendant No.2. After hearing the learned counsel for the parties, I am of the opinion that the instant appeal deserves dismissal. The question that requires consideration is as to whether the sale deed dated 10.2.1999 was a legal and valid one. Defendant had failed to establish that Jawala Singh was the owner of the plot in question. No document or title deed in this regard was placed on record. Defendants No. 2 and 3 alleged that the sale deed had been executed by defendant No.1 in their favour qua suit property on the basis of the general power of attorney executed by Swaran Kaur, daughter of Jawala Singh in favour of defendant No.1. However, the said power of attorney executed by Swaran Kaur in favour of Tara Singh had not been proved on record. In these circumstances, it could not be said that defendant No.1 had any authority to sell the suit property on behalf of Swaran Kaur. Moreover, Swaran Kaur died on 9.3.1998,whereas, the sale deed in question was executed on 10.2.1999. In these circumstances, both the Courts below rightly held that Tara Singh had no right to execute the sale deed in favour of defendants No. 2 and 3. Plaintiff, on the RSA No.2581 of 2008 4 other hand, had proved on record the sale deed dated 11.4.1983 executed by Thakar Singh (his father) in his favour. No substantial question of law arises in this appeal. Dismissed. ( Sabina ) Judge March 23, 2011 arya