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2023 Supreme(P&H) 1235

DEEPAK GUPTA
Ajaib Singh – Appellant
Versus
Harbans Kaur – Respondent


Advocates appeared:
Mr. Puneet Kaur Sekhon, Advocate for the appellants.
Mr. R.K. Singla, Advocate with Ms. Swati Verma, Advocate for the respondents.

DEEPAK GUPTA, J.

Defendants are in this second appeal against the concurrent findings of the Courts below. In order to avoid confusion, the parties shall be referred as per their status before the learned trial Court.

2. Plaintiffs – Harbans Kaur & Simarjit Kaur @ Harsimber Jit Kaur (now respondents) filed the suit bearing registration No.CS/ 080/2009 titled 'Harbans Kaur & another Vs. Ajaib Singh & Others' seeking decree for declaration, possession and consequential relief of permanent injunction against defendants Ajaib Singh & Others (now appellants), with regard to suit property, before Ld. Addl. Civil Judge (Sr. Divn.) Baba Bakala Sahib, Amritsar.

3. Some admitted facts may be noticed. Charan Singh son of Ujagar Singh, native of Village Bhoe, Tehsil Baba Bakala, Amritsar was owner in possession of the suit land measuring 15 kanals. He shifted to Indonesia long back and died there on 09.11.1980 as per death certificate Ex.P7. He had appointed his mother Smt. Tej Kaur as his General Attorney by executing Power of Attorney dated 10.10.1975 (Ex.D1). On the strength of this Power of Attorney, Smt. Tej Kaur acting as General Power of Attorney Holder of Charan Singh executed three sale

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