JUDGMENT :

These two appeals arise out of common judgments and decrees passed by the learned Courts below, hence are taken up together for decision. RSA No. 517 of 2010 is plaintiff’s appeal whereas RSA No. 499 of 2010 is defendant No.1’s appeal.

Defendants No. 1 & 2 are sons of late Smt. Gurbax Kaur. Smt. Gurbax Kaur, defendant No. 2 and daughters of Smt. Gurbax Kaur had executed a General Power of Attorney (in short GPA) in favour of defendant No. 1 on 09.03.1981. Plaintiff’s case was that defendant No. 1 acting as GPA of his mother, on 11.09.2001 executed an agreement to sell the suit land to the plaintiff for a sale consideration of Rs.75,000/-. Earnest money of Rs.10,000/- was received by Smt. Gurbax Kaur and Rs.30,000/- was received by defendant No.1 towards sale consideration. Instead of executing the sale deed in plaintiff’s favour, Smt. Gurbax Kaur sold the suit land in favour of defendant No. 2 vide a registered sale deed on 28.12.2001. In his written statement, defendant No. 1 supported plaintiff’s case in entirety but did not step into the witness box. Defendant No. 2 vehemently contested plaintiff’s case and called the suit to be collusive between plaintiff and defendant