K.KANNAN
Bhagwan Kaur wife of Major Chanan Singh – Appellant
Versus
Land Acquisition Collector, Ludhiana – Respondent
Mr. K. Kannan, J. (Oral) - The appeal is in relation to an adjudication regarding title for apportionment under Section 30 of the Land Acquisition Act. The principal contest is between purchaser from one Chanan Singh claiming to be a power of attorney from the original owners of the property Yusaf and Ali. The rival claim to title was set up initially by Yusaf and Ali contending that they had been duped by the power of attorney and that they had revoked their power. The fact remained however that the sale itself had been prior to the date of revocation of the power of attorney by Yusaf and Ali. The Reference Court held that the sale in so far as it related to the share of Ali was not valid and provided for apportionment of the compensation ignoring the sale effected by Chanan Singh.
2. The appeal is filed at the instance of the purchaser from Chanan Singh, who incidentally happens to be the son of Chanan Singh himself. The question that would arise for consideration is whether the principal, Ali could ignore the sale as not binding by contending that his power of attorney Chanan Singh had committed a fraud and was acting on his own account by taking a sale in favour of his
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