CR-7443-2015(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-7443-2015(O&M)

Date of decision:-16.2.2023

G.K.Electrical through its Proprietor Amey Kumar Goel and another

...Petitioners

Versus

Sudesh Kumari and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE H.S.MADAAN

Present:

Mr.Vineet Chaudhary, Advocate

for the petitioners.

Mr.Chirag Kundu, Advocate

for respondents No.1 and 2.

Mr.Gaurav Sethi, Advocate

for respondent No.3.

****

H.S. MADAAN, J.

1.

Under challenge in this revision petition is order dated

8.9.2015 passed by Civil Judge(Jr.Divn.), Ambala in Execution Petition

No.69 dated 12.3.2012 titled 'Sudesh Kumari and another Versus Satpal

and others' vide which an application filed by revision petitioners/JDs for

demarcation of land bearing Khasra No.1062/1 situated in Patti Mehar,

Tehsil and District Ambala through Tehsildar, Ambala or any other

revenue official had been dismissed.

2.

Briefly stated, facts of the case are that plaintiffs Sudesh

Kumari and Gaman Lal had brought a suit against defendants Satpal, Anil

Kumar, G.K. Electrical through its Proprietor Amey Kumar Goel as well

as Amarjit Singh, seeking a declaration that sale deed No.4255/1 dated

BRIJ MOHAN

2023.02.20 16:23

I attest to the accuracy and

authenticity of this order/judgment,

HIgh Court, Chandigarh

CR-7443-2015(O&M)

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5.12.2000 executed by defendants No.1 and 2 as general power of

attorney of the plaintiffs in favour of defendants No.3 and 4 are null, void

and inoperative, ineffective qua the rights of the plaintiffs and other legal

heirs of Harmohinder Lal qua the land measuring 5 ½ x 76' fully

described in head note of the plaint and shown in blue colour in the site

plan attached with the plaint being part of khasra No.1066//1/2 and also

depicted in orange colour in the site plan being part of khasra No.1062//1.

3.

In that suit, the plaintiffs further sought relief of permanent

injunction restraining the defendants No.3 and 4 from alienating or raising

any sort of construction therein besides craving for relief of possession of

the site shown in blue and orange colour. Such property being located at

Patti Mehar, H.B. No.58, Old Hissar Road, Ambala city.

As per the version of the plaintiffs, they had purchased the

property measuring 0 kanal 7 marlas being 7/69 shares of khasra

No.1066//1/2 situated at Patti Mehar, H.B. No.58, Old Hissar Road,

Ambala City vide sale deed dated 5.3.1997, fully detailed in the site plan

attached therewith; the dimensions of such land happened to be 25 ½ x

76'; the plaintiffs along with other LRs of Harmohinder Lal had inherited

0 kanal 15 marlas of land and mutation No.5221 dated 30.9.2000 was

sanctioned in their favour; the plaintiff No.2 Gaman Lal was owner of

land measuring 1 kanal 1 marla bearing khasra No.1063/1 situated at Patti

Mehar, Ambala City; the plaintiffs along with other LRs of Harmohinder

Lal had executed a registered general power of attorney in favour of

defendants No.1 and 2 regarding 7/69 share(0-7) of khasra No.1066//1/2

of plaintiff No.1, 1 kanal 1 marla bearing khasra No.1063/1 of plaintiff

BRIJ MOHAN

2023.02.20 16:23

I attest to the accuracy and

authenticity of this order/judgment,

HIgh Court, Chandigarh

CR-7443-2015(O&M)

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NO.2; furthermore the plaintiffs along with other LRs vide said general

power of attorney had appointed defendants No.1 and 2 for land

measuring 0 kanal 15 marlas situated at Patti Mehar, Ambala City,

defendants No.1 and 2 by misusing the general power of attorney

aforesaid and making misrepresentations executed the impugned sale deed

No.4255/1 dated 5.12.2000 for the land regarding which they were not

authorised and wrongly mentioned the area of khasra No.1066//1/2 min(0-

1) marla of the plaintiff No.1 and of khasra No.1063 min(0-1) marla of the

plaintiff No.2; on coming to know about this the plaintiffs contacted the

defendants asking them to concede their claim but to n