ARUN KUMAR GOEL,J. - (1.)This writ petition was initially filed by two petitioners namely, Jasbir Singh and Narinder Singh. Relied prayed for by them was as under: - "It is, therefore, most respectfully prayed that this writ petition may very kindly be allowed and the orders Annexure P -11 passed by respondent No. 2 and the sale deed registered consequent thereto, executed by respondent No. 4 in favour of respondent No. 5 may also be quashed and set aside. (b) That the records of the case from the Courts below may very kindly be summoned for the kind perusal of this Honble Court. (c) That any other order or further order which this Honble Court deems fit in the facts and circumstances of the case, explained hereinbefore, may very kindly be passed in favour of the petitioners and against the respondents, to secure the ends of law and justice."
(2.)With a view to properly adjudicate this case, it is necessary to briefly notice the relevant facts. There are: - Both Jasbir Singh and Narinder Singh owned land measuring Five Bighas and One Biswa, comprised in Khasra Nos. 188/125 and 190/126, situate in village Daghota, Tehsil and District Solan, Himachal Pradesh. It was agreed to be sold by these two petitioners by a registered agreement to sell dated 26.4.1993. This agreement to sell was registered with Sub Registrar, Chandigarh and was entered into between these petitioners and respondent No. 4 Smt. Adarsh Kaur. In her favour, a duly registered power of attorney was also executed. This agreement was also registered with Sub Registrar, Chandigarh on 26.4.1993. Copy of this agreement is Annexure R -4/D and of General Power of Attorney is Annexure P -1. The Attorney, by virtue of this power of attorney was authorised to sell, gift, exchange, mortgage with or without possession, transfer, convey or assign the said property. It may be noted in this behalf that this power of attorney also pertained to the aforesaid land measuring Five Bighas and One Biswa owned by the two petitioners.
(3.)In the aforesaid background, sale deed Annexure R -4/A was executed on 8.5.1998 and presented by respondent No. 4 as the attorney of the petitioners before the Sub Registrar, Solan, on the same date. Its copy is Annexure R -4/B. This bears the endorsement as under: - "R/C Identified by shri Pankaj Sharma, Advocate, Solan. Sd/ - (illegible), 8.5.1998.