Per Jaswant Singh J.

1. This Letters Patent appeal is directed against an order dated April 27, 1974. Passed by Thakur J deciding issue No. 2 framed by him on April 2, 1974, in civil original suit No. 10 of 1973, in favour of the respondent.

2. The facts leading to this appeal are:

The appellant herein obtained from the State Government a lease for extraction of timber from compartments Nos. 33 to 36 of Basantgarh Range, Billawar Division, Jammu Circle, in the name of M/S Farooq and Co. On July 15, 1972, there came into existence an agreement ostensibly executed by the appellant in favour of the respondent giving exclusive right to the latter "to carry out the remaining work of the aforesaid lease. On April 26, 1973, the appellant brought a suit under Section 39 of the Specific Relief Act, for cancellation of the aforesaid agreement dated July 15, 1972, alleging inter alia that he was not conversant with the English language and had executed only a power of attorney in favour of the respondent on July 13, 1972, for carrying on the work of the aforesaid lease, that Shri Raj Kumar, partner of the respondent firm, obtained his signatures on a number of papers on the pretext that a numb

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