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2004 Supreme(P&H) 917

VINEY MITTAL
Jarnail Singh – Appellant
Versus
Gurmail Singh – Respondent


Judgment

Viney Mittal, J.

1. The defendant has approached this Court through the present regular second appeal. He has challenged the judgment and decree dated December 24, 1980 passed by the learned Additional District Judge, Ferozepur whereby the appeal filed by the plaintiffs against the judgment and decree dated February 6, 1978 passed by the learned Sub Judge, Ferozepur was allowed and consequently, the suit filed by the plaintiffs for possession was decreed.

2. The plaintiffs filed a suit for possession of land measuring 27 kanals 12 marlas. It was claimed by the plaintiffs that Harnam Kaur wife of Bagga Singh was the original owner of the suit land. Bagga Singh had three sons, namely, Parampal Singh, Gurmail Singh and Sukhminder Singh. Bagga Singh was earlier married to Mann Kaur. Mann Kaur gave birth to a son Mehar Singh. Defendant, Jarnail Singh, is son of Mehar Singh. Harnam Kaur executed a power of attorney on May 35, 1973 in favour of her grandson, Parampal Singh. On the basis of the said power of attorney, Parampal Singh sold 90 kanals 12 marlas of land including the land in dispute. The land in dispute was sold by Parampal Singh in favour of his two sons Bhupinder Sing
















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