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HARKESH MANUJA
Inder Singh – Appellant
Versus
Harpreet – Respondent
JUDGMENT
Harkesh Manuja, J. (Oral)
CM-3387-C-2020
Prayer in this application is for condonation of delay of 100 days in re-filing the appeal.
Having heard learned counsel for the applicants-appellants and gone through the contents of the application, duly supported by an affidavit, sufficient cause has been made out for the purpose of condoning the delay of 100 days in re-filing the appeal. Accordingly, delay of 100 days in re-filing the appeal is condoned. Application is allowed.
Main case
By way of present appeal, challenge has been laid to the judgments and decrees dated 05.09.2018 and 01.05.2019 passed by the Courts below, whereby a suit for declaration with consequential relief of permanent injunction filed at the instance of respondents-plaintiffs, has been decreed.
2. Admittedly, the parties are closely related to each other. The short pedigree table is formulated hereunder:-
Inder Singh
Jasvinder Singh
died on 22.11.2015
Ranjit Kaur
(widow)
Harpreet
(daughter)
Jasmeen
(daughter)
Sheetal
(daughter)
Amit Pal
(son)
Rajinder Pal Singh
3. Claiming themselves to be owners/co-sharers in the property in dispute i.e. House No.3E-21A, BP NIT, Faridabad, measuring 300 Sq. yards having bee
The burden of proof rests on the party asserting forgery, and co-ownership entitles plaintiffs to seek declarations without claiming separate possession.
The burden of proof regarding the validity of executory documents lies with the party alleging their legitimacy in property disputes.
The judgment confirms that a suit can challenge forged documents affecting property rights and reaffirms co-sharer rights in joint possession cases.
Registered documents are presumed valid, and the burden of proof for fraud lies on the alleging party, requiring clear and substantial evidence.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
A registered General Power of Attorney, if unchallenged, retains legal effect, and deeds executed thereunder are valid despite subsequent allegations of fabrication.
General Power of Attorney ceases upon the death of the principal, invalidating any subsequent sale deeds executed without the consent of all necessary parties.
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
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