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2009 Supreme(SC) 941

TARUN CHATTERJEE, HARJIT SINGH BEDI
Maddineni Koteswara Rao – Appellant
Versus
Maddineni Bhaskara Rao – Respondent


Advocates:
Cases Referred:
1. Kaushalya Devi & Ors. vs. Baijnath Sayal (deceased) & Ors. AIR 1961 SC 790
2. Venkata Reddy & Ors. vs. Pethi Reddy AIR 1963 SC 992
3. Phoolchand v Gopal Lal AIR 1967 SC 1470 (Relied)

Judgment :-

Tarun Chatterjee, J.

1. Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 26th of October, 2006 of the High Court of Andhra Pradesh at Hyderabad, wherein the High Court had dismissed the Civil Revision Case being CRP No. 986 of 2006 filed before it by the appellant.

3. The relevant facts leading to the present appeal are as follows:

One M.Veera Raghavaiah, the father of the appellant (since deceased) and the respondents, had three sons and a daughter. M.Veera Raghavaiah, the deceased father of the appellant, was acting as a manager and karta of the joint family till 1966.

Thereafter, he fell sick and became incapable of managing the joint family property and joint family debts. The appellant herein came forward and agreed to take up the responsibility. Accordingly, all the parties agreed to execute a power of attorney in favour of the appellant. But, the appellant insisted on executing a separate deed instead of a power of attorney saying that a power of attorney may not be effective and it can be terminated at any point of time. The respondents herein and the deceased father out of confidence signed on the said deed which wa


















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