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Showing contexts for: gian kaur in Surinder Kaur vs Gian Kaur on 5 November, 2012Matching Fragments
Brief facts of the case are that the plaintiff-appellant filed a suit for declaration and permanent injunction that she is exclusive RSA No.1657 of 2012(O&M) #2# owner in possession of the suit land as described in the plaint and the sale deed dated 30.3.1983 and 10.10.1983 executed by Pargan Singh son of Teja Singh being attorney of Amrik Singh son of Udham Singh in favour of defendant-appellant Gian Kaur are illegal, null and void. Learned trial Court decreed the suit despite resistance by the defendant- respondent, however, in an appeal preferred by the defendant- respondent, the appeal has been accepted by the learned Appellate Court while setting aside the judgment and decree passed by the learned trial Court, hence the present second appeal.
There is no dispute that previously land in dispute was owned by one Amrik Singh, who got married with the plaintiff in the year 1996 and said Amrik Singh died issueless on 18.12.2002. General power of attorney (Ex.D.3) was executed in favour of Pargan Singh on 10.3.1983 in England and the same was embossed in India and on the basis of that, two sale deeds dated 30.3.1983 and 10.10.1983 were RSA No.1657 of 2012(O&M) #3# executed in favour of Smt. Gian Kaur-defendant/respondent. Although, learned trial Court has wrongly mentioned these sale deeds to have been executed in favour of the "plaintiff" while framing issue No.2 and the same is repeated by learned first Appellate Court also but that seems to be only a typing error and in fact, it should have been the "defendant".