Mrs. Daya Chaudhary, J.: - Appellant-Jasbir Singh, who is one of the legal representatives of defendant-Ram Singh, has filed the present Regular Second Appeal to challenge the impugned judgment and decree dated 31.07.2012 passed by learned District Judge, Panipat, whereby, the judgment and decree dated 11.08.2011 passed by the trial Court has been reversed.

2. Briefly, the facts of the case, as made out in the appeal, are that respondent No.1 filed a suit for symbolic possession by way of specific performance on the basis of an agreement to sell dated 16.09.2002 regarding the land, in dispute. As per averments made in the plaint, defendants No.2 to 6 appointed defendant No.1 as their power of attorney vide documents dated 06.08.1998, 16.07.1998 and 07.08.2001. They entered into an agreement to sell dated 16.09.2002 with the plaintiff qua to suit land. Said suit was contested by the defendants and a joint written statement was filed by defendants No.2 to 6, including the present appellant. It was mentioned in the written statement that the plaintiff as well as defendant No.1 were real brothers and the alleged agreement dated 16.09.2002 was a result of fraud played upon the a