Transfer of Property Act–1882–Sec. 106–Eviction suit–Dismissed by the trial Court with the view that the power of attorney holder cannot take the place of the plaintiff–First appellate Court set aside the findings and decreed the suit–Instant second appeal–Plaintiff executed the power of attorney after filing the suit due to her old age–No legal impediment in doing so–PW 1, the power of attorney holder appeared in evidence and made the statements as per his own knowledge–PW 2 was also examined for proving the fact of notice u/s. 106–Notice was sent through the regd. post and signatures on the receipt were proved–It is not the case of appellant-defendant that his signatures were forged–he failed to prove that he paid the rent of questioned period–Held, no ground is made out for interfering in the judgment and decree passed by the first Appellate Court.
