Gora vs Bir Singh - 2023 Supreme(P&H) 1266

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1266

B. S. WALIA
Gora – Appellant
Versus
Bir Singh – Respondent

Advocates appeared:
Mr. Chanderhas Yadav, Advocate for the appellant.

B.S. WALIA, J.

1. Regular Second Appeal has been filed by one of the plaintiffs (appellant herein) against the concurrent findings recorded by the learned Courts below, dismissing the suit of the plaintiffs for declaration for cancellation of sale deed dated 25.08.2009 and for injunction for restraining respondent Nos.1 and 2 from interfering in the peaceful possession of the suit property.

2. Brief facts of the case are that the appellant and her sister (Bhora-original plaintiff No.2) and respondent No.2 are in the relationship of paternal aunts and nephew and that the appellant and Bhora had executed a registered power of attorney dated 10.08.2009, in favour of respondent No.2, authorizing him to sell the property owned by them. However, due to dispute between the plaintiffs with respondent No.2, registered power of attorney dated 10.08.2009, executed by the appellant and her sister-Bhora, in favour of respondent No.2 was cancelled vide registered cancellation deed dated 18.08.2009.

3. Learned counsel contends that the only point in issue is with regard to whether due notice had been issued by the appellant and plaintiff No.2 to respondent No.2 with regard to the cancellation of the

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