KIMTU Vs. LACHHI DEVI, OM PRAKASH

JUDGEMENT

(1.) The above second appeal has been filed by the Plaintiff in Civil Suit No. 34 of 1987 on the file of Senior Sub-Judge, Lahaul Spiti District at Kullu exercising the powers of Sub-Judge, Ist Class, Kullu, having lost before both the courts below.

(2.) The Appellant-Plaintiff filed the suit for possession of the land comprised in Khasra No. 5082/52 Khatauni No. 731/1549 admeasuring 1-13 biswas and 1/10 share of Khata No. 732 Khatauni No. 1550 Khasra No. 44 min measuring 31 bighas 5 biswas i.e. 3 bighas 3 biswas, total land being 4 bighas 16 biswas situate in Phati Nathan, Kothi Naggar, Tehsil and District Kullu, with further prayer of recovery of Rs. 970/- as mesne profits. The suit was filed against two Defendants, namely, Smt. Lachhi Devi Respondent-Plaintiff and Smt. Devku.

(3.) It was the case of the Plaintiff that her father Gehru was deaf and dumb from his childhood and was also possessing very slow intelligence, thus, due to the disability he was unable to manage his property and to enter into contract. Gehru used to live with his mother, who managed his property, but after her death, Smt. Sobhi, the wife of Gehru started squandering away his landed property. Smt. Sobhi was able to get a general power of attorney in her name from Gehru in the year 1962 and at that time, the Plaintiff was aged about 5/6 years. It was also alleged in the plaint that under the power of attorney Smt. Sobhi sold or gifted major portion of the property of Gehru. The suit land to the extent of 4.16 bighas was also sold for small consideration of Rs. 3,360/- to Defendant No. 1 Smt. Lachhi Devi on 21.3.1963 vide registered sale-deed and the said sale was void, illegal and also unauthorised act. Gehru died on 22.2.1984 and the Plaintiff being his daughter was entitled for possession of suit land and also prayed for recovery of Rs. 970/- as mesne profits.