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2013 Supreme(Guj) 490

R.D.KOTHARI
Mahesh Govindji Trivedi – Appellant
Versus
Legal Heirs of Bhagvanji Govindji Trivedi – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.N. Shelat, Senior Advocate, with Mr. Shivang M. Shah and Ms. Dhara M. Shah, Advocates
For Respondents/Defendant:Mr. B.N. Limbachia, Advocate for the Respondent No. 2, Mr. Mahendra U. Vora, Advocate for Respondent No. 1.1.1-1.1.2, 1.2, Mr. M.B. Gandhi with Mr. Chinmay Gandhi, Advocate for the Respondent No. 3-6 and Rule Served for the Respondents No. 1.1.1-1.1.2, 1.2, 2

JUDGMENT

R.D. Kothari, J.

1. This is plaintiff's appeal. In this appeal, following main points arise for consideration:--

(a) What makes the deed of power of attorney an irrevocable deed?

(b) Whether the suit filed by legatee, in absence of probate or letters of administration, as the case may be, is maintainable or not?

(c) Scope of section 213 of the Indian Succession Act.

(d) Is the case on hand falls under section 204 of the Indian Contract Act?

(e) Is it possible to accept as general proposition that stranger to contract cannot sue? Secondly, in the facts of the present case, is it possible to say that since the original owner has not challenged the transaction, person who is deriving interest from the original owner, cannot challenge the same.

1.1 The appeal also raises a question, when the Court can compare the signature under section 73 of the Evidence Act?

2. The facts of the case are fairly simple. The relevant facts are thus:--

2.1 One Ramalaxmiben owned one property at village Mandvi, District : Kutch. It is an agricultural land bearing survey No. 154. It is a suit land admeasuring 13 acres-24 gunthas. The said suit property came to be sold by defendant No. 1 to defendant No. 2 b


















































































































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