KIMTU Vs. PRITAM CHAND

JUDGEMENT

(1.) THIS appeal by the plaintiff-appellant is directed against the judgment and decree of the first Appellate Court whereby the decree of the trial Court, dismissing the suit of the appellant, has been affirmed.

(2.) APPELLANT -plaintiff Kimtu filed a suit for possession of certain land, as described in the plaint, pleading that the suit land belonged to her father late Shri Gehru and that said Gehru besides being under a legal disability on account of idiocy was also not in a position to communicate and to understand as he was deaf and dumb and that the sale of the suit property made by his wife late Smt. Sobhi, acting as his attorney on the basis of an instrument of power of attorney purporting to have been executed by said Gehru, in favour of the contesting respondents, who were impleaded as defendants was void and, hence, she being the sole legal heir of said Gehru was entitled to recover the possession of the suit property. It was stated that Gehru was deaf and dumb since birth and was also of low intelligence. He owned and possessed about 100 bighas of land at a place called Gordaur near Manali and that initially his land and other property used to be managed by his mother and after the marriage his wife started managing the same. Further, it was alleged that Sobhi, who was one of the three wives of said Gehru, taking undue advantage of the legal disability and the physical incapacity of Gehru got executed an instrument of power of attorney in her favour sometime in the year 1962 and soon thereafter executed a sale deed in respect of the suit property in favour of the contesting defendants- respondents without there being any legal necessity.

(3.) TRIAL Court framed the following issues: