JUDGMENT

ORDER

Anil Kshetarpal, J. - The Regular Second Appeals in the States of Punjab, Haryana and Union Territory, Chandigarh, are regulated by Section 41 of the Punjab Courts Act, 1918, and not by Section 100 of the Code of Civil Procedure, 1908. Reference in this regard can be made to the judgment of the Five Judge Bench in Pankajakshi v/s Chandrika (2016) 6 SCC 157. Under Section 41, the High Court is entitled to reappreciate the evidence if the judgments passed by the Courts below not only reflect misreading of evidence but also suffer from perversity.

2. In the considered opinion of this Court, the following issues/questions arise, for adjudication

1. Where the agent has an interest in the subject matter, then whether, on the death of the principal, the agency created by executing General Power of Attorney with respect to the immovable property along with the agreement to sell, the Special Power of Attorney, the Will, the affidavit and the other Power of Attorney will cease to be effective?

2. Whether the registered documents produced in evidence will have precedence over the oral evidence?

3. Whether the Court should draw an adverse inference when the plaintiff, despite specific