VidhiSangh

Supreme Court of India · 16/11/2020

RATTAN SINGH & ORS. versus NIRMAL GILL & ORS. ETC.

[2020] 12 S.C.R. 422 · 2020 INSC 641

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Summary

The Court restored the first appellate decrees in disputes over a registered power of attorney and resulting land sales. The plaintiff failed to establish fraud or forgery on the evidence; the High Court had displaced a supported factual view on conjecture in second appeal. The claimed later discovery could not postpone limitation without proof of fraud. The first appellate decree’s limited recognition of the plaintiff’s nine-marla interest was preserved by restoration.

Issues

  1. Whether the evidence established fraud or forgery in the disputed power of attorney and sale deeds.
  2. Whether alleged discovery in 2001 postponed limitation and whether second-appellate interference was justified.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and decrees set aside and first appellate judgment and decrees restored, including the limited nine-marla relief already granted there. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 12 S.C.R. 422.