SHANKAR GOPINATH APTE Vs. GANGABAI HARIHARRAO PATWARDHAN

JUDGEMENT

(1.) This appeal by special leave arises out of an order dated February 6, 1975 of the Bombay High Court dismissing First Appeal No. 13 of 1975 summarily. That appeal was filed by the appellant, Shankar Gopinath Apte, against the decree passed by the learned II Joint Civil Judge, Senior Divison, Poona in Special Civil Suit No. 107 of 1968. That suit was filed by the respondent, Gangabai Hariharrao Patwardhan to recover the amount that may be found due to her on taking accounts from the appellant and for an injunction to restrain the appellant from obstructing her in the enjoyment of the suit property. Alternatively, the respondent prayed for a decree for possession of the suit lands.

(2.) The suit property consists of 3 agricultural lands bearing Survey Nos. 98/1-1, 98/1-2 and 99, admeasuring in all 54 acres and 20 gunthas. The lands are situated in a village called Kiwale in Pune district.

(3.) These lands belonged originally to the respondent's husband who died on February 20, 1960 leaving her as his sole heir. On December 29, 1961 a power of attorney was prepared for being executed by the respondent in favour of Western India Trustee and Executor Co. Ltd., Satara. The object of the power of attorney, as expressed therein, was inter alia, to authorize the Company to collect the income of the land and to take steps for disposing of the land by sale. But for some reason or the other the document remained unexecuted. On February 1, 1963 the respondent executed a power of attorney in favour of the appellant. The true nature of this document and its real purpose are both in dispute but ex facie, the document was to be effective for a period of one year and was executed in order to enable the appellant to manage the respondent's lands and to arrange to cultivate them. By a letter dated March 3, 1963 addressed to the respondent, the appellant agreed to undertake the duties specified in the power of attorney and to pay to her a sum of Rs. 2,000 annually from the net income of the lands. The rest of the income, according to the letter, was to be retained by the appellant for his "honorarium."