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1950 Supreme(All) 86

AGARWALA
WALI MOHAMMAD CHAUDHARI – Appellant
Versus
JAMAL UDDIN CHAUDHARI – Respondent


Advocates Appeared:
A.SANYAL, Ishaq Ahmad, S.S.SRIVASTAVA

AGARWALA, J.

( 1 ) THIS is a defendants appeal. The defendants are brothers of Jamaluddin Chaudhari, plaintiff respondent. Jamaluddin lives in Dutch Guiana. The fourth brother Shahabuddin filed a suit on his behalf for possession over his one-fourth share in the family property described at the -foot of the plaint. Shahabuddin claimed that under a power of attorney executed by Jamaluddin, he had been given power to institute the suit on his behalf. The suit was decreed by both the Courts below. The defendants, brothers of Jamaluddin, have filed this second appeal.

( 2 ) DURING the pendency of this second appeal, the appellants filed a compromise executed by tajammul Husain as general attorney for Jamaluddin plaintiff respondent. This compromise was sent to the lower Court for verification. It was duly verified by Tajammul Hussain who produced the power of attorney purporting to have been executed by Jamaluddin. Shahabuddin objected to this compromise on the ground that Tajammul Husain had no authority to enter into a compromise on behalf of Jamaluddin. The original deed of attorney has been filed before me, a copy of which was filed in the Court below. This is dated 4th March 1949,











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