Back
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
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. appellants and respondents' legal arguments (Para 3 , 4 , 5) |
| 3. court's analysis and reasoning (Para 6 , 7 , 10 , 11) |
| 4. principle on fraud and forgery (Para 8 , 9) |
| 5. dismissal of the second appeal (Para 12) |
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
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....
Allegations of fraud in property transfers must be substantiated with specific, credible evidence; failing which claims may be dismissed.
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.
A power of attorney is not compulsorily registerable under the Registration Act for the purpose of presenting a deed of sale; furthermore, a suit for declaration against such transactions is subject ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
