Cancellation of Sale Deed & Power of Attorney–Suit for–Decreed–Though the thumb impression of plaintiff over the power of attorney is not disputed but it is an admitted fact that she is an illetrate lady and respondent no. 1 who is her cousin brother, is a literate person–Allegation that the thumb impression was obtained by playing fraud–Plaintiff has five sons and one daughter and she lives with her sons–Respondent nowhere pleaded that she has any dispute with her sons–If it impractical that she would execute the power of attorney in favour of her cousin brother leaving her sons–Not including the son of the plaintiff as the witness of power of attorney makes the document doubtful–Further, it is also not established that the defendant no. 1 paid the sale consideration amount to plaintiff after he received it from the defendant nos. 2 to 4–Held, Trial Court rightly declared the power of attorney and sale deed null and void.
