Kaushalya Devi vs Suini (since deceased through her LRs)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 207

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Kaushalya Devi – Appellant
Versus
Suini (since deceased through her LRs) – Respondent

Advocates Appeared:
For the Appellant :Mr. Anand Sharma, Senior Advocate, with Mr. Karan Sharma, Advocate.
For the Respondent:Mr. Mohammad Aamir, Advocate, Mr. Neeraj Sharma, Advocate, vice Mr. Vipin Bhatia, Advocate

Table of Content
1. factual background of suit, agreement, and trial court dismissal. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. parties' appellate arguments on document authenticity. (Para 7 , 8)
3. agreement to sell duly proved despite forgery claims. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. registered power of attorney presumed genuine and valid. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. agreement unenforceable due to section 113 transfer bar. (Para 25)
6. refund of earnest money with interest granted. (Para 27 , 28)

JUDGMENT :

Sushil Kukreja, J.

The instant appeal has been preferred by appellant-Smt. Kaushalya Devi, who was plaintiff before the learned Trial Court (hereinafter referred to as “the plaintiff”) under Section 96 CPC, against judgment, dated 02.01.2013, passed by learned District Judge, Solan, District Solan, H.P. (hereinafter referred to as “the learned Trial Court”), whereby civil suit filed by her was dismissed.

2. The brief facts of the case are that plaintiff filed a suit before the learned Trial Court seeking decree of specific performance of agreement, dated 17.07.2008, directing the defendant-Smt. Suini to execute the sale deed of the land comprised in khata/khatauni No. 1 m