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1960 Supreme(Cal) 194

B.N.BANERJEE, AMARESH ROY
ABDUS SAMAD – Appellant
Versus
MAJITAN BIBI – Respondent


Advocates Appeared:
MANINDRA NATH GHOSH, RANJIT GHOSH, Sachindra Chandra Das Gupta

BANERJEE, J.

( 1 ) THIS appeal is directed against an appellate decree affirming the decree passed by a learned Munsiff.

( 2 ) THE property in dispute belonged to two persons, Majitan Bibi, defendant No. 1, who was said to have two annas share and Noor Mahammed, a resident of Mandalay, in Burma, who was said to have fourteen annas share.

( 3 ) IN the year 1940, Noor Mahammed executed a power-of-attorney (Exhibit 3) in favour of one Abdul Hamid, authorising the latter to sell and dispose of the former's properties, to sign deeds of transfer on his behalf and to present such document for registration.

( 4 ) ON the strength of the said power-of attorney Abdul Hamid executed three deeds of sale, namely, a conveyance executed in August, 1941 (Ext. 1), by which he sold lands described in lot No. 1 of the schedule to the plaint to the plaintiff, a conveyance executed in May, 1942 (Ext. 1a), by which he sold plot No. 405 out of the plots described in Lot No. II of the schedule to the plaint to the plaintiff and a conveyance executed in September, 1941, (Ext. 1b), by which he sold the remaining three plots of lot No. II of the schedule to the platat to one Aklima. Bibi.

( 5 ) THEREAFTE














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