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2021 Supreme(P&H) 1611

ANIL KSHETARPAL
Karanjit Singh – Appellant
Versus
Jiwan Singh (Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : G.S. Bajwa, K.S. Kang.
For the Respondents: Prateek Gupta, Nikhil Sabharwal.

JUDGMENT :

ANIL KSHETARPAL, J.

1. The appellant is a plaintiff in a suit filed for grant of decree of declaration that the special power of attorney dated 12.12.1995 executed by his father-defendant No. 1 in favour of his another son (the brother of the plaintiff) is without authority and consequently, the sale deed executed by defendant No. 2 (Ujjagar Singh-the brother of the plaintiff) in favour of defendant No. 3(wife of defendant No. 2), is liable to be ignored. Before proceeding further, it will be appropriate to draw a family tree:

 

Sewa Singh

 

Jiwan Singh (Defendant No. 1)

(Son of Sewa Singh)

Karanjit Singh (Plaintiff-Appellant)

(Son of Jiwan Singh)

 

Ujjagar Singh

(Son of Jiwan Singh)

 

Rajvir Kaur (Defendant No. 3)

(Wife of Ujjagar Singh)

2. The plaintiff, before shifting abroad, executed a general power of attorney on 20.06.1975, in favour of his father Sh. Jiwan Singh. The learned counsel representing the appellant has reproduced the relevant extract of the aforesaid attorney, correctness whereof is not disputed by the learned counsel rep

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