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1966 Supreme(Ori) 54

R.K.DAS, G.K.MISRA
Annapurna Sahuani – Appellant
Versus
Narendra Prasad Sahu – Respondent


Advocates:
R.N. Misra and Y.S.N. Murthy, for Appellant; R.C. Misra and S.P. Mohapatra, for Respondents.

Judgement

MISRA, J. :- Annapurna (plaintiff) is the widow of Nilmoni Sahu who died on 22-7-1960. Narendra (defdt. No. 1) a minor is the natural-born son of Lokenath (defendant no. 5) and Ratnamala (defendant no. 6). Labanga (defendant no. 3) is the sister's daughter of the plaintiff and lived with her from early childhood. Anjali (defendant no. 4), a minor is the daughter of defendant no. 3. Defendant no. 2 is the deity Shri Shri Shri Radha Nilamadhaba Mahaprabhu installed by Nilmoni.

2. Plaintiffs case is that the 5th defendant is a distant agnatic nephew of Nilmoni and was very intimate with him. After Nilmoni's death he looked after her affairs and wanted execution of a power-of-attorney. She is illiterate. Having no independent advice, she executed a power-of-attorney in favour of the 5th defendant on 11-8-60. From whispers in the locality, she learnt that she had parted with all her properties and had adopted the 1st defendant as her son. She procured certified copies (Exs. B, C and D) executed by her as power-of-attorney. When the certified copies were read over and explained to her, she found that those documents did not constitute the alleged power-of-attorney. Ex. B purporte
































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