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TMI Blog1950 (3) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... AGARWAL, J. 1. This is a defendant's appeal. The defendants are brothers of Jamaluddin Chaudhari, plaintiff respondent. Jamaluddin lives in Dutch Guiana. The fourth brother Shahabuddin filed a suit on his behalf for possession over his one-fourth share in the family property described at the -foot of the plaint. Shahabuddin claimed that under a power of attorney executed by Jamaluddin, he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and appears to have been signed by Jamaluddin and signed and authenticated by a notary public. 3. Under Section 85, Evidence Act, "'there is a presumption that every document purporting to be a power of attorney, and to have been executed before and authenticated by, a notary public, or any Court, Judge, Magistrate, British Counsel or Vice-Counsel or representative of Her Majesty or of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24 L J Ch. 120 : 3 W R 141 and Performing Right Society Ltd. v. Indian Morning Post Restaurant 4. The power of attorney, therefore, is admissible in evidence. No evidence was tendered in support of the objection made by Shahabuddin although three months' time was allowed to him for the purpose. Mr. Ishaq Ahmad wants further time. I do not think that the time already granted was insufficient. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese presents." The terms of the power of attorney authorise the attorney to do everything on behalf of Jamaluddin just as effectually as Jamaluddin himself could have done these things with the exception that the attorney shall not be entitled to sell or mortgage any property. The attorney was, therefore, entitled to compromise the appeal. One of the appellants is a minor. The compromise is for h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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