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1937 Supreme(Lah) 224

BHIDE
Jan – Appellant
Versus
Fajjan – Respondent


JUDGMENT

Bhide, J. - The material facts of the case giving rise to this second appeal may be briefly stated as follows: Mt. Jan, a young girl, on being married, executed a power-of-attorney in favour of her stepmother Mt. Fajjan on 6th April 1929. By this document Mt. Fajjan was authorized to manage the land of Mt. Jan, to realize rents and also to sell and mortgage the property. The relations between the two ladies apparently became strained later on and on 25th May 1934 Mt. Jan executed another document revoking the power-of-attorney and got it registered. A notice of the revocation was sent by registered post to Mt. Fajjan on 16th June 1934 but the notice was not accepted by Mt. Fajjan and was returned to Mt. Jan. Mt. Jan also sent an application to the Tehsildar on 18th June 1934 informing him of the revocation of the power-of-attorney. The revocation was also notified by beat of drum in the village. In spite of these facts, Mt. Fajjan sold the whole of the property belonging to Mt. Jan to Abdul Aziz, defendant 2, her nephew, on 8th November 1934. Thereupon Mt. Jan instituted the present suit for a declaration that the sale should not affect her rights. The defendants resisted t

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