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2005 Supreme(P&H) 841

M.M.KUMAR
Harmesh Kumar – Appellant
Versus
Maya Bai – Respondent


Judgment

1. This is defendants appeal filed under S. 100 of the Code of Civil Procedure, 1908 (for brevity, the Code ) challenging concurrent findings of fact recorded by both the Courts below holding that general power of attorney Ex. D4 dated 6-10-1997 obtained from Maya Bai plaintiff-respondent was an act of fraud and any transfer made by defendant-respondent 2 Gian Chand to the defendant-appellants who are his sons was not bona fide.

BRIEF FACTS

2. There is one Maya Bai who lost her husband Chandi Ram. Defendant-respondent 2 Gian Chand is the elder brother of her deceased-husband. She was involved in some litigation after the death of her husband. She had filed a suit against one Des Raj and one Kewal Krishan also had filed cases against her with regard to correction of Khasra Girdawaris. Maya Bai plaintiff-respondent, who is an illiterate lady has no children. Defendant-respondent 2 Gian Chand being real brother of her deceased- husband came forward to help her in the said litigation. On his asking, she had put thumb mark on a paper on the representation that she was giving authority to defendant-respondent 2 Gian Chand to contest litigation on her behalf and for no other purpo














































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