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2016 Supreme(P&H) 1036

AMIT RAWAL
Rajinder Kumar Gupta – Appellant
Versus
Swaran Dass – Respondent


Advocates:
For the Appellant:Mr. K.K. Goel, Advocate.

JUDGMENT

Mr. Amit Rawal J.: (Oral) - Notice of motion.

2. On asking of the Court, Mr. M.S.Sachdeva, Advocate accepts notice on behalf of the respondents.

3. Appellant-plaintiff is aggrieved of the concurrent findings of facts and law, whereby, suit seeking declaration, permanent injunction and alternative for possession in respect of land measuring 6 kanals 1 marla, whereby, sale deed dated 04.08.1995 executed on behalf of defendant No.3 through Attorney Holder, GPA dated 30.07.1992 allegedly executed by the appellant-plaintiff, has been dismissed, much less, the appeal has also met with the same fate.

4. Mr. K.K.Goel, learned counsel appearing on behalf of the appellant-plaintiff submits that it is categoric case that registered General Power of Attorney dated 30.07.1992 (Ex.P4) was never executed in favour of defendant No.3. However, defendant No.3 in collusion with defendants No.1 and 2 sold the aforementioned property vide sale deed dated 4.8.1995. The plaintiff had become owner of the property by virtue of sale deed dated 09.10.1978. The attesting witnesses of the alleged Power of Attorney, namely, Roop Singh Ahluwalia and Raj Kumar have not been examined, much less, there is












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