- (1.) Suit was filed by appellant No.1, Sohna Mal, predecessor of appellants No.2 to 6, appellants No.7 to 10 and proforma respondents No.34 and 35 against rest of the respondents and their predecessors for declaration that they are owners in possession of the land measuring 117 kanals 8 marlas as fully detailed in head note of plaint with consequential relief of permanent injunction.
(2.) The version of the plaintiffs was that appellant No.1, Sohna Mal predecessor of respondents No.14 to 17, Gurbachan Singh, defendant No.16-respondent No.23, defendants No.2 to 4- respondents No.5 to 7 being heirs of Sardara Singh, Barkat Ram predecessor of defendants No.5 to 7-respondents No.8 to 11, defendants No.10 to 15-respondents No.18 to 22 the heirs of Mehanga Singh, were the legal heirs of Smt. Lachhmi @ Taban wife of late Ganda Mal. The above named persons had executed a General Power of Attorney dated 28.02.1963 in favour of Ralla Singh defendant No.17 for allotment of land left by Smt. Lachhmi in Chak No.225, Rakh Barar Tehsil Lyalpur and the land in Kotlichan now in Pakistan. The attorney holders were not authorised to alienate the allotted land in any manner. It was stated that Barkat Ram, Sardara Singh and Mehanga Singh three of the executants of Power of Attorney had died in the year 1969, 1973 and 1977, respectively. Defendant No.18 started claiming that defendant No.17, Ralla Singh (deceased) has sold to him 75 Kanals 3 Marlas of the land situated in revenue estate of village Kamoalpur and 1/2 share in the land measuring 260 Kanals 5 Marlas to him vide sale deed dated 30.7.1976 on the strength of Power of Attorney dated 28.02.1963.
(3.) The suit was partially decreed and it was held that the plaintiffs are entitled to have joint possession of 14/60th share of the suit land with defendants as 4/60 to the branch of Santa Singh representing 1/60; Joginder Singh, 1/60; Joginder Kaur, 1/60; Mohinder Kaur and 1/60; Samitter Kaur; 1/12th share going to branch of Sardara Singh, 1/12th share going to the branch of Sohna Mal (since deceased).;