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2003 Supreme(P&H) 537

M.M.KUMAR
Lakhwinder Singh – Appellant
Versus
Miss Paramjit Kaur – Respondent


Advocates Appeared:
For the Appellant :Sh. P.K. Gupta, Advocate.

ORDER

M.M. Kumar, J. - This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging concurrent findings of facts recorded by both the Courts below holding that the sale deed dated 9.9.1991 executed in favour of the defendant-appellant on the basis of power of attorney dated 29.8.1991 is not binding on the plaintiff-respondent No. 1 because her date of birth is 26.2.1975 and she attained majority on 26.2.1993. Plaintiff-respondent No. 1 was minor at the time of execution of the power of attorney dated 29.8.1991 and therefore it was void.

2. Plaintiff-respondent No. 1 filed a civil suit No. 31 on 26.11.1994 seeking declaration to the effect that she is owner in joint possession with defendant-respondent Nos. 2 to 12 of the suit land and the sale deed dated 9.9.1991 in respect of land measuring 1 kanal 6-1/2 marlas belonging to her share executed by one Smt. Rattan Kaur (now represented by defendant- respondent Nos. 2 to 6) is null and void and does not bind her. She further alleged that Avtar Singh her father died about 8-10 years preceding the filing the suit which was filed on 26.11.1994 and after his death she inherited t















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