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2005 Supreme(P&H) 909

M.M.KUMAR
Harpal Singh – Appellant
Versus
Jagdish Singh – Respondent


Judgment

M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure 1908 (for brevity, the Code) challenging concurrent findings of fact recorded by both the courts below holding that the Will Ex-D-5 dated 12.6.1982 executed by Harbhajari Singh in favour of the defendant-respondents which is registered document, does not suffer from any legal infirmity and has been duly proved by the defendant-respondents. The findings of the trial court on the question of validity of general power of attorney (Ex-P6=Ex-D1) dated 8.10.1993 holding that it was validly executed has been upheld by the learned lower appellate court. However, the judgment and decree Ex.P3 and P4 suffered by the Power of Attorney in favour of other defendant-respondents have been declared illegal for want of registration under Section 17 of the Registration Act, 1908 (for brevity, the Registration Act).

2. There was one Kharak Singh who had three sons S/Sh. Hari Singh, Gurcharan Singh and Harbhajan Singh. The plaintiff-appellants are successor in interest of Hari Singh whereas the defendant-respondents are successor-in-interest of Gurcharan Singh. Harbhajan Singh the third brother di











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