RSA No.4033 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4033 of 2011 Date of decision:05.10.2011. Balwinder Kaur .......Appellant. Versus Nachhattar Singh and Another .......Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Liaqat Ali, Advocate for the appellant. RITU BAHRI J. This regular second appeal is directed against the judgment and decree passed by the Additional District Judge, Jalandhar dated 6.9.2011. A dispute arose between two brothers i.e. Plaintiff Nachhattar Singh (now respondent) and defendant Gurdeep Singh. A suit for possession was filed by plaintiff Nachhattar Singh that he was owner of 4 kanals 2 marlas of land in village Bajwa Kalan, District Jalandhar. Nachhattar Singh has given general power of attorney to his brother Gurdeep Singh as he was residing in England. On his visit to India, he became ill and mentally upset. His brother, defendant No.1 Gurdeep Singh executed a sale deed in favour of his wife defendant No.2 (now appellant) on the basis of power of attorney which was given on the bona fide belief that the joint business was carried on by the power of attorney holder. The allegation in the suit was that the power of attorney was misutilized and the RSA No.4033 of 2011 -2- defendant No.1 beyond the instructions of the plaintiff executed the sale deed in favour of his wife defendant No.2. The trial Court has decreed the suit of the plaintiff after coming to conclusion that while executing the sale deed Ex.D3, no sale consideration was paid by Balwinder Kaur defendant No.2 before the Sub Registrar. As per the sale deed, entire sale consideration was given at home. The sale deed has been held to be invalid and has no effect on the rights of the plaintiff. The defendant No.2 cannot claim any benefit of Section 41 of the Transfer of Property Act being bona fide purchaser. PW2 Swaran Kaur, who is the mother of the plaintiff and defendant No.1, deposed that defendant No.1 committed the fraud with the plaintiff by alienating the suit property in the name of his wife without any consideration. She also deposed that Gurdeep Singh, defendant No.1 has given some wrong medicine to the plaintiff and he hospitalized in Dayanand Medical Hospital, Ludhiana. The suit of the plaintiff was decreed by the Trial Court and the appeal filed by defendants Gurdeep Singh and Smt. Balwinder Kaur was dismissed affirming the judgment and decree dated 22.11.2008 by the First Appellate Court. No substantial question of law arises for consideration by this Court. Regular Second Appeal is dismissed. October 5, 2011. (RITU BAHRI) Sachin M. JUDGE.