SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(AP) 1465

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Ravindra Babu, J.
Andhra Pradesh Electrical & Equipment Co.Ltd - Appellant
Versus
Nethinti Appanna - Respondent
Appeal Suit No. 67 of 2022
Decided On : 09-08-2023

Advocates appeared:
V.Ramesh, Advocate, A.Chandra Sekher, Advocate, S.V.Indira, Advocate

IMPORTANT POINT
The main legal point established in the judgment is that the death of parties does not necessarily render a suit infructuous, especially when the relief sought is independent of the deceased parties. The judgment also emphasizes the misinterpretation of legal provisions and documents by the lower court.

Headnote:

Fraud - Property Dispute - Sec. 201 of the Indian Contract Act, 1872 - Order XXII Rule 1 and 2 of C.P.C. - The judgment discusses the validity of General Power of Attorneys (G.P.As.) and the effect of the death of parties on the suit. It highlights the misinterpretation of the impugned documents and the legal provisions governing termination of agency. The court sets aside the impugned order and directs the lower court to dispose of the suit on merits.

Fact of the Case:

The plaintiffs sought declaration that four General Power of Attorneys were vitiated by fraud and not binding on them, and for permanent injunction to protect their possession. The suit was dismissed as infructuous due to the death of some defendants.

Finding of the Court:

The court found that the suit did not become infructuous solely due to the death of defendants, as the relief of permanent injunction was independent of the declaration sought. The court also highlighted the misinterpretation of the impugned documents by the lower court.

Issues: The issues revolved around the effect of the death of parties on the suit and the validity of the impugned General Power of Attorneys.

Ratio Decidendi: The court held that the suit did not become infructuous solely due to the death of some defendants, and the relief of permanent injunction was independent of the declaration sought. It also emphasized the misinterpretation of the impugned documents by the lower court.

Final Decision: The appeal was allowed, setting aside the impugned order and directing the lower court to dispose of the suit on merits within six months.

JUDGMENT

1. The order and decree, dtd. 23/11/2021 in O.S.No.804 of 2015, on the file of XI Additional District Judge, Visakhapatnam, is under challenge in the present appeal.

2. The appellants are the plaintiffs before the learned XI Additional District Judge, Visakhapatnam. They filed a suit with a prayer to grant declaration that four General Power of Attorneys bearing Document Nos.643/2015, 644/2015, 645/2015 and 646/2015 are vitiated by fraud, invalid/nonest and not binding on the plaintiffs and for consequential permanent injunction restraining the defendant Nos.1 to 8 and also the District Registrar and Sub-Registrar i.e., defendant Nos.9 and 10 from registering any documents with the aid of the said four false General Power of Attorneys and further for a permanent injunction restraining the defendant Nos.1 to 8 from interfering with the plaintiffs' possession and enjoyment of the plaint schedule property.

3. For the sake of decision in this appeal, it is pertinent to extract here the substance of the case of the plaintiffs, according to the plaint averments.

4. The first plaintiff M/s.ECE Industries Limited, represented by its Authorized Signatory, Sri Deepak Kumar Tiwary. The second plaintiff namely Bhukhand Developers, LLP, represented by its Authorized Signatory, Sri R. Mohan Reddy, is added as per the order in I.A.No.371 of 2020, dtd. 28/1/2021 before the learned XI Additional District Judge, Visakhapatnam. Hence, the case of the plaintiffs, in brief, is that the first plaintiff was the absolute owner of Ac.21-272/3 cents of land situated in villages of Marripalem and Kapparada, Visakhapatnam District. It was purchased by the first plaintiff Company from the original land owners more than five decades ago in 1962, 1963, 1965, 2009 and 2011 through various registered sale deeds in different survey numbers. Out of the same, an extent of Ac.2-30 cents was initially on a long lease since 1960's with the first plaintiff and it was purchased by the first plaintiff through four sale deeds in the year 2009 (Ac.0-15 cents in Survey No.59/3P) and in 2011 (Ac.0-15 cents in Survey No.59/3P, Ac.1-00 cents in Survey No.59/3P and Ac.1-00 cents in Survey No.66/1). Since then, the first plaintiff has been in possession and enjoyment of the property. It established an industry in the said site by constructing factory sheds for manufacture of electric transformer, etc., in the name and style of "E.C.E. Industries Limited". Originally, the Andhra Pradesh Electrical and Equipment Company Limited was the name of the unit and the proprietor of the same was Electric Construction and Equipment Company Limited. Later, the name was changed into M/s.ECE Industries Limited on 5/6/1987. The entire site of the first plaintiff is bounded by a big wall. The first plaintiff filed necessary documents to show his possession. In the year, 2004 and 2006, the first plaintiff decided to alienate Ac.11-45 cents out of various extent of land owned by them, to a company called M/s. Lakshmi Techno Solutions (P) Limited under an agreement of sale-cum-G.P.A. and ultimately in the year 2013 and 2014, the first plaintiff executed sale deeds in favour of the second plaintiff conveying an extent of Ac.10-97 cents. After sale of the land by the first plaintiff to the said company, the second plaintiff applied to the Government authorities for conversation of the land from industrial to partly residential and partly commercial use. The Government issued G.O.Ms.No.249, dtd. 11/12/2014. As on the date, the first plaintiff is an absolute possession and enjoyment of Ac.10-30 2/3 cents after the sale of land as mentioned above to the second plaintiff.

5. The defendant Nos.1 to 8 launched a diabolical plan to grab the property belonged to plaintiffs taking advantage of the amendment to the Stamp Act in the State of Andhra Pradesh. The defendants falsely and fraudulently created and got registered four registered General Power of Attorneys bearing document Nos.643/2015, 644/

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top