NIHAL KAUR Vs. MEHAR SINGH

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree of the Additional District Judge, Ferozepur, dated 26th June, 1968, by which the appeal filed by the plaintiff-appellant had been dismissed.

(2.) The facts relevant for the decision of this appeal are that Mehar Singh was the owner of the land in dispute. He appointed Jamiat Singh as his attorney by a power of attorney dated 7.8.58 Exhibit P.2 for managing his property. Jamiat Singh (hereinafter referred to as "the attorney") executed a registered lease deed Exhibit P. 4 in favour of Narain Singh regarding the land in dispute on 30th June, 1959 for a period of fifty years. The aforesaid lease deed is only signed by Jamiat Singh and not by Narain Singh. Narain Singh executed a lease in favour of Nihal Kaur, who is plaintiff in the case by a registered deed dated 12th July, 1965. She filed the present suit for possession of the land in dispute. The defendants contested the suit and denied the allegations of the plaintiff. They stated that Mehar Singh, defendant No. 1, had appointed the attorney for managing his properties, but the attorney gave the property on lease to Narain Singh dishonestly, fraudulently and in violation of the powers conferred on him. Narain Singh further executed the lease in favour of the plaintiff, the wife of the attorney and this device was adopted in order to deprive the defendant No. 1 of his property for a long period.

(3.) The first submission of the learned counsel for the appellant is that Section 107 of the Transfer of Property Act, 1882 (hereinafter referred to as 'the Act') is not applicable regarding the agricultural properties in the State of Punjab. He further submits that the finding of the Courts below that the lease deed dated 30th June, 1959 by Jamiat Singh in favour of Narain Singh was not properly executed, was erroneous.