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2007 Supreme(P&H) 1840

VINOD K.SHARMA
Onkar Singh – Appellant
Versus
Karnail Singh – Respondent


Advocates:
For the Appellants:Mr. Parveen Kumar, Advocate.
For the Respondent No.1:Mr. Sanjay Majithia, Advocate,
For Respondent No.2 to 4:Mr.H.K. Aurora, Advocate.

JUDGMENT

Vinod K. Sharma, J. (Oral):- This order shall dispose of two SAO bearing Nos. 24 and 25 of 2007 both titled Onkar Singh & Anr. Vs. Karnail Singh & Ors., as common question of law and facts are involved in both these appeals.

2. For facility facts are being taken from SAO No.24 of 2007.

3. This appeal has been filed against the order dated passed by the learned Additional District Judge, Hoshiarpur vide which appeal filed by the defendant-respondents has been allowed and the case remanded back to the learned trial court for decision afresh.

4. The appellant-plaintiffs had filed a suit for declaration that they are joint owners in possession of the property in dispute and they also challenged the power of attorney dated 26.7.1994 and the sale deeds dated 17.8.1994 and 9.9.1994 to be illegal, null and void being the result of fraud and fabrication along with consequential relief of restraining the defendant-respondents from interfering in the peaceful possession of the plaintiff-appellants. In the alternative relief of possession was claimed.

5. The suit was based on the fact that Balwinder Kaur alias Bimla was wife of Gurdev Singh and mother of Onkar Singh. She had not been




















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