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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Lrs Of Ajmer Singh, S/o Gurdayal Singh – Appellant
Versus
Harbaai, W/o. Shri Prabhudayal – Respondent
Order :
FARJAND ALI, J.
1. By way of the present Civil Second Appeal, the appellants have assailed the judgment and decree dated 16.11.2024 passed by the learned Additional District Judge No.1, Anoopgarh, District Sri Ganganagar, in Civil Appeal No. 8/2020, whereby the learned Appellate Court was pleased to dismiss the appeal preferred by the appellants against the judgment and decree dated 31.08.2020 rendered by the learned Civil Judge, Anoopgarh, District Sri Ganganagar, in Civil Original Case No. 61/2017 (77/2017), which had been partly decreed in favour of the respondents.
2. Briefly stated, the facts of the case are that the respondent No.1–plaintiff instituted a suit for declaration and permanent injunction against the appellants, asserting ownership over agricultural land situated at Chak 4-H, Tehsil Anoopgarh, Muraba No. 99/56 (New Muraba No. 39, Pathar No. 99/56), admeasuring 25 bighas, which had been allotted free of cost by the State Government in favour of Smt. Harbai, widow of Prabhudayal. The plaintiff contended that she never executed any Power of Attorney dated 30.04.1979 in favour of Ajmer Singh (defendant No. 1) and that the alleged document was forged, fabricated,
A forged Power of Attorney invalidates subsequent transactions, affirming that fraud and justice cannot coexist; the High Court's review under Section 100 CPC is limited to substantial questions of l....
The court affirmed that a valid power of attorney authorizes the sale of property, and possession follows title, dismissing claims of forgery and invalidity.
The main legal point established in the judgment is the validation of the power of attorney (Ex.B1) and the implications of its validity on the sale deed executed by the first defendant in favor of t....
The plaintiffs failed to prove the authenticity of the Power of Attorney and their marital status, leading to the dismissal of their suit.
Registered documents are presumed valid, and the burden of proof for fraud lies on the alleging party, requiring clear and substantial evidence.
The necessity of a fair hearing and proper jurisdiction in civil suits is paramount, with the appellate court required to consider these aspects before remanding a case.
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
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