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MR.PREMJIT KALIA versus SUCHA SINGH & ANOTHER

High Court of Punjab and Haryana, Chandigarh

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Mr.Premjit Kalia v. Sucha Singh & another - RSA-3646-2003 [2006] RD-P&H 680 (9 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No. 3646 of 2003

Date of Decision : January 23, 2006.

Mr.Premjit Kalia .... Appellant

Vs.

Sucha Singh & another .... Respondents

Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.Premjit Kalia, Advocate

for the appellant.

Mr.B.R.Mahajan, Advocate

for the respondents.

JUDGMENT :

The defendant having concurrently lost before the two courts below, has approached this court through the present appeal.

A suit for declaration filed by the plaintiff has been decreed by the trial court and appeal filed by the defendants was dismissed by the first appellate court.

It was claimed by the plaintiff that he was owner in possession and never executed any General Power of Attorney dated November 09, 1994 in favour of defendant no.2 and that the sale deed executed by defendant no.2 on November 15, 1994 in favour of defendant no.1 was illegal and not binding upon him.

Both the courts below have held that the plaintiff had never executed General Power of Attorney voluntarily and that he was confined to police custody and he was pressurised by police on a complaint made by his daughter-in-law (defendant no.1). In these circumstances, if the General Power of Attorney was not voluntarily executed by him, then obviously, the sale deed dated November 15, 1994 could not be treated to be binding upon his rights.

Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.

R.S.A.No. 3646 of 2003 : 2 :

No question of law, much less any substantial question of law arises in the present appeal.

Dismissed.

January 23, 2006 ( VINEY MITTAL )

monika JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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