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THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
MS KOMAL K DHARAMSHI – Appellant
Versus
MS P B DIVIJA – Respondent
JUDGMENT :
E.S.INDIRESH, J.
1. This appeal is preferred by the defendant Nos.1 and 4 assailing the Judgment and Decree dated 12.11.2013 in O.S.No.16934/2006 on the file of 28th Addl. City Civil Judge at Mayo Hall Unit, Bengaluru, decreeing the suit of the plaintiff holding that the General Power of Attorney dated 29.03.2005 is null and void.
2. For the sake of convenience, the parties are referred as per their rank before the Trial Court.
3. The plaint averments are that, the plaintiff had purchased the suit schedule property as per the registered Sale Deed dated 09.04.2004 from one Sri. K. Bhaskaran and Smt. Rashmi, and since thereafter, the revenue record stands in the name of the plaintiff. The plaintiff is in possession of the suit schedule property. It is also stated that the plaintiff was working as a Receptionist in the transport company, namely Deluxe Roadlines belonging to defendant No.1. It is further stated in the plaint that defendant No.1 was harassing the plaintiff sexually and was trying to molest the plaintiff on several occasions when she was working with the defendant No.1. It is also stated that the plaintiff had protested the illegal acts of defendant No.1. It is al
The court established that the General Power of Attorney was fictitious and the sale deed executed under it was null and void, emphasizing the burden of proof lies with the defendants under Section 8....
The main legal point established in the judgment is that the Power of Attorney was executed as a security for a loan and the sale deed was executed without consideration, making it void.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
The main legal point established in the judgment is that the plaintiff must prove the execution of the agreement for specific performance, and the validity of a sale-deed executed by a power of attor....
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 burden of proof lies on the party asserting facts, with claims of forgery regarding a registered power of attorney necessitating all relevant parties to be joined to the suit for effective adjudi....
A minor can be a transferee of property, and a sale deed executed in their favor is valid despite their incapacity to contract.
Agreement to sell land barred by 10-year transfer prohibition after proprietary rights conferment is unenforceable for specific performance, but earnest money refundable with interest upon proof of p....
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
The burden of proof lies with the plaintiff to establish fraud in the execution of registered documents, which carry a presumption of validity.
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