ANUPINDER SINGH GREWAL, J.

1. The appellant has challenged the judgments of the Courts below whereby his suit for declaration has been dismissed.

2. Learned counsel for the appellant submits that the mother of the plaintiff namely Ganga Devi, had given a General Power of Attorney in favour of defendant No.2 in the year 1997 but she had expired on 03.02.2000 and therefore, the sale deed could not have been executed in the year 2011. While relying upon Section 202 of the Indian Contract Act, 1872 learned counsel for the appellant submits that both the illustrations set out two circumstances under which the agency would not lapse on the death of the principal. These illustrations do not apply to the instant case and therefore the agency would be deemed to have been lapsed at the death of the principal as per Section 201 of the Indian Contract Act, 1872. He also submits that agreement to sell dated 20.05.1997 (Ex.D-19) had not been proved in accordance with law. In support of his submissions, he has relied upon the judgment of the Single Bench of Karnataka High Court in the case of Corporation Bank, Bangalore Vs. Lalitha H. Holla and others, AIR 1994 Karnataka 133.

3. Heard.

4. The appella