IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.4220 of 2009 (O&M) Date of Decision : 26.4.2010 Ram Piarai and another ....Appellants Versus Buta Singh and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Balbir Singh Jaswal, Advocate for the appellants. ..... MAHESH GROVER, J. C.M.No.1278-C of 2009 Allowed as prayed for. R.S.A.No.4220 of 2009 This appeal by the plaintiffs is directed against the judgments of the learned trial Court dated 27.7.2007 and that of the first Appellate Court dated 17.7.2009. In a suit the appellants challenged the execution of a general power of attorney executed in favour of Buta Singh – defendant No.1 and the consequent sale deed executed by said Buta Singh on 8.6.1994. It was pleaded by the appellants that the general power of attorney of 1991 and the consequent sale deed are the result of fraud. They further set up a Will in favour of the legal representatives of deceased Chanan Singh dated 25.11.1999 and set R.S.A.No.4220 of 2009 (O&M) -2- up the claim to the title of the property on the basis of the said Will. The respondents' plea was that the general power of attorney and the sale deed were validly executed in their favour by Chanan Singh and that it was not a result of fraud. In support of this plea the respondents had led sufficient evidence to prove the execution of the sale deed. The deed-writer who had got the general power of attorney and sale deed executed was also examined. It is also pertinent to mention that on the day when the general power of attorney was executed a Will was also executed by said Chanan singh in favour of Buta Singh suggesting his intention to alienate the property in favour of respondent No.1. Chanan Singh also remained alive till 2000 and he never questioned the general power of attorney or the consequent sale during his life time and neither did he make an attempt to revoke the same. These factors were sufficient to enable the Court to draw an inference that these two documents were validly executed by deceased Chanan Singh. The appellants, on the other hand, have failed to establish the fraud perpetuated by Buta Singh to obtain the general power of attorney and the sale deed. The plea of the learned counsel for the appellants that Chanan Singh was illiterate and therefore was not aware of the power of attorney and the sale, is unpalatable to say the least. Even if it is assumed that he is illiterate and was not conscious of the nuances of such documents that he had suffered, yet he was expected to know as a prudent man that he had been deprived of the possession of the property and this in the event of non-execution of valid documents should have been sufficient to prompt him to lay challenge to such a document. Even the appellants R.S.A.No.4220 of 2009 (O&M) -3- being the legal representatives of Chanan Singh were expected to be conscious of such an alienation. Therefore, it cannot be pleaded that such an alienation which was to the knowledge of the appellants as also deceased Chanan Singh and remained bereft of any challenge which further leads to an irresistible conclusion that the case set up by the appellants is without any substance. No ground to interfere. Dismissed. 26.4.2010 (MAHESH GROVER) JUDGE dss