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2021 Supreme(HP) 134

JYOTSNA REWAL DUA
Bindi Devi – Appellant
Versus
Jagat Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.G.R. Palsra, Advocate.
For the Respondents:Mr.Sunil Chauhan, Advocate.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. The appellants are successors of original defendants. They have suffered two concurrent decrees of learned Courts below, which have been assailed by them in the instant regular second appeal.

2. Facts

2(i) A Civil Suit was filed by the respondent for declaration that a General Power of Attorney (in short GPA) dated 22.12.1997 allegedly executed by him in favour of defendant No. 1 was fictitious, void and illegal. Sale deed dated 23.01.1998 registered on 01.04.1998 on the basis of this very GPA by defendant No. 1 in favour of his son/defendant No. 2 qua the share of plaintiff in the suit land, total measuring 17-11-8 bighas situated in mauza Dadwas, illaqua Neeru, Sub Tehsil Bali Chowki, District Mandi was also null, void, illegal and inoperative. Consequential relief of permanent prohibitory injunction was also prayed for restraining the defendants from preventing the plaintiff from use and enjoyment of the suit property to the extent of his share and in the alternative, a decree for joint possession to the extent of ½ share in the suit land in case of plaintiff’s ouster from joint possession in the suit land was prayed. Compensation/mesne profit for

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