The main legal point established in the judgment is that a Power of Attorney must specifically authorize the agent to incur personal liabilities to be considered as an agency coupled with interest.

( 1 ) THE Appeal filed against the judgment and decree in R. A. No. 66/99 on the file of the Addl. Civil Judge (Sr. Dn. ). Hubli, arising out of the judgment and decree passed in O. S. No. 483/96 on the file of the III Addl. Civil Judge (Jr. Dn.), Hubli.

( 2 ) THE appellant is the defendant. The respondent-plaintiff filed a suit for declaration that the Power of Attorney executed by the plaintiff in favour of the defendant at ex. D. 13 has been revoked and that the defendant does not have the authority of agency to represent the plaintiff under the power of Attorney. Further, seek an injunction against the defendant not to deal with the suit property.

( 3 ) PLAINTIFF was employed in Indian Army. He was allotted a site. The plaintiff executed power of Attorney Ex. D. 13 in favour of defendant to attend to the construction of the building on the suit site and thereafter its management. It is said that defendant misusing the Power of Attorney indulged in excessive and reckless borrowings fastening unreasonable liabilities on the plaintiff. Therefore seek a relief declaration with a consequential relief of injunction against the defendant not to deal with the suit property any more. The defendant contends that he has borrowed loans in his individual capacity and also borrowed loans on the strength of Power of Attorney from several persons and financial institutions encumbering the suit property. The defendant contends that, apart from the private loan of Rs. 5 lakhs incurred, loans are also borrowed from Cooperative societies in his individual capacity. The defendant contends that without settlement of accounts, the Agency cannot be terminated and prayed for dismissal of the suit.

( 4 ) THE trial Court allowed the suit declaring that the defendant-Agency under ex. D. 13 is revoked and also granted injunction not to meddle with the suit property. The Appellate Court held that the Power of attorney Ex. D. 13 is not an Agency coupled with interest and only a General Power of attorney. Therefore, revocation held to be valid and confirmed the findings and judgment and decree of the trial Court. Hence this second appeal.

( 5 ) THE Admission Judge has framed the following substantial question of law for consideration. "whether the Power of Attorney executed by the plaintiff-respondent can be said to be the Power of Attorney coupled with interest?" 6. For convenient reference, the terms at 1 to 15 in the Power of Attorney are extracted hereunder :"1. To receive Sales Deed Certified copy from Sub-Registrar and to apply for the property Extract. 2. To raise loan for construction of the house in the said property. 3. To apply to obtain. permission in h. D. M. C. , Town Planning and City Improvement board, etc. , regarding construction of the House in the said property. 4. To hand over the constructed building to the tenants or Lease Holder and to receive rent,. Lease Amount, Deposit. 5. To dispose or to make statement or to make Affidavit. 6. To purchase or to obtain refund of stamp Duty or Court Fee etc. 7. Generally to do all the act or things necessary for the said construction of the house and to raise loan in respect of the said property. 8. To Borrow any money or hypothecated the said property of the construction are create any charge encumbrance on the said property. 9. To possess, manage and make wahiwat etc. of the said property for any of the said or other purposes or discharge the said from time to time on such terms and conditions as deemed fit. 10. To execute and to make all such deeds as shall be required, may be deemed proper or in relation to all or any of the matter or purpose aforesaid. 11. To give worthy, make statement either personally or otherwise etc. to pass the mutation entries etc. , where necessary, affected in the City Survey and other record to effectuate the said purposes. 12. To pay all the cess, taxes, assessment, local fund etc. regarding the said property. 13. Generally to act as my attorn