The central legal point established in the judgment is the requirement for valid proof and registration of legal documents such as power of attorney and Will, and the implications of their lack of authenticity in property disputes.

Judgment

Mrs. Alka Sarin, J.

The present appeal has been preferred by the defendant-appellants against the judgment and decree dated 03.11.2004 passed by the Trial Court and the judgment and decree dated 18.10.2005 passed by the First Appellate Court decreeing the suit filed by the plaintiff-respondents.

2. The plaintiff-respondent No.1 filed a suit for declaration and permanent injunction averring that he is the owner in possession of the estate of his real brother, Parkash Singh, who died issue-less and widow-less. As per the plaintiff-respondent No.1, Parkash Singh son of Basant Singh son of Atra resident of Haripur was owner in possession of 1/5 share out of Khewat No.61, 116, 284 and 1/10 share out of Khewat No.308 and 1/15 share out of Khewat No.317 and 1/5 share out of Khewat No.449. Parkash Singh died on 22.03.1995 leaving behind the plaintiff-respondent No.1 and defendants No.4 and 5 as his only legal heirs. The plaintiff-respondent No.1 and defendants No.4 and 5 are the real brothers of Parkash Singh. Parkash Singh died intestate and never executed any will and thus after the death of Parkash Singh the plaintiff-respondent No.1 and defendants No.4 and 5 are owners in possession of the estate of Parkash Singh in equal shares. It was averred that the defendant-appellants came to the suit land and threatened to dispossess the plaintiff-respondent No.1 forcibly and illegally and declared that defendant-appellant No.1 as attorney of Parkash Singh allegedly sold the land measuring 6 Kanals 4 Marlas to defendant-appellant Nos.2 and 3. As per the plaintiff-respondent No.1, the defendant-appellant No.1 was never the attorney of Parkash Singh and the alleged attorney deed dated 02.03.1995 is a forged and fabricated document and it does not bear the thumb impression of Parkash Singh nor Parkash Singh authorized defendant appellant No.1 to sell his land during his life time. It was pleaded that in case the defendant-appellants succeed in proving the valid execution of the alleged power of attorney and sale deeds then the same might have been prepared fraudulently and by mis-representation and that the power of attorney dated 02.03.1995 and the alleged sale deeds dated 16.03.1995 are forged and fabricated documents and are without consideration and the mutations sanctioned on the basis of the said sale deeds are also illegal, null and void. It was further pleaded that the defendant-appellants are also illegally declaring about a Will dated 01.03.1995 alleged to have been executed by Parkash Singh in favour of defendant-appellant No.2 and defendant Nos.6 and 7 and infact Parkash Singh never executed any Will nor the alleged Will bears his thumb impressions and the same is surrounded by suspicious circumstances. The defendant-appellants have got no right, title or interest in the suit land. The defendant-appellants contested the suit and filed a written statement, raising preliminary objections of locus-standi, maintainability, valuation, mis-joinder and non-joinder of necessary parties. On merits it was submitted that Parkash Singh during his life time through his attorney defendant-appellant No.1 sold the land measuring 32 Kanals 8 Marlas to defendant-appellant Nos.2 and 3 by way of two sale deeds dated 16.03.1995 and regarding the remaining land he executed a Will on 01.03.1995 in favour of defendant-appellant No.2 and defendant Nos.6 and 7 in equal shares, regarding which after the death of Parkash Singh mutation has been sanctioned in favour of the beneficiaries. It was stated that Parkash Singh died on 23.03.1995 and not 22.03.95 as alleged by the plaintiff-respondent No.1. According to the defendant-appellants Parkash Singh during his life time executed a valid power of attorney dated 02.03.1995 in favour of defendant-appellant No.1 and on the basis of the said registered power of attorney land measuring 16 Kanals 4 Marlas was sold to defendant-appellant No.3 by way of registered sale deed dated 16.03.1995 which was registered