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2019 Supreme(HP) 1699

TARLOK SINGH CHAUHAN
Mahesha Devi – Appellant
Versus
Satya Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.D. Verma, Senior Advocate and B.C. Verma, Advocate
For the Respondent:Ashok Chaudhary, Advocate

JUDGMENT :

Tarlok Singh Chauhan, J.

1. The defendants are the appellants, who after having lost before both the learned Courts below, have filed this Regular Second Appeal.

The parties shall be referred to as the 'plaintiffs' and the 'defendants'.

2. The brief facts of the case are that the plaintiffs filed a suit for declaration claiming themselves to be the owner in possession of the suit land. It was averred that the plaintiffs were locked in litigation with Smt. Ranjan Devi and others in Civil Suit No. 165 of 1990 qua the suit land. During the pendency of the suit, defendant No. 1 Smt. Mahesha Devi was approached by plaintiff No. 1 Smt. Satya Devi to contest that litigation of Civil Suit No. 165 of 1990 on her behalf. Qua it, an agreement dated 13.07.1990 was entered to the effect that if that suit was decided in favour of the plaintiffs, then they would give 32 kanals of land out of the suit land to defendant No. 1. Plaintiffs claimed themselves to be illiterate and simpleton and taking advantage of this position, defendant No. 1 obtained two general power of attorneys No. 110 dated 17.3.1992 and 204 dated 30.8.1994 on the pretext of contesting the aforesaid litigation. But defend

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