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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. Thaker, J.
Manubhai Chhotabhai Patel & 1 Others – Appellants
Versus
Manubhai Motibhai Patel-died-through His Heirs And L.R. – Respondents
Second Appeal No. 202 of 2015
Decided On : 15-06-2022
Civil Procedure Code, 1908 – Section 100 –Tenancy Act, 2021 – Section 43 –Contract Act, 1872 – Section 202 – Power of Attorney – Second Appeal – Original-defendants – Second Appeal has been preferred by defendants against judgment and decree passed by learned Principal District Judge, Regular Civil Appeal confirming judgment and decree of learned Trial Court passed in Special Civil Suit, under Section 100 of Code of Civil Procedure, 1908 – Held, Facts and circumstances of case, it is clearly found that there is no question of any applicability of Power of Attorney as irrevocable and defendants had agreed to act upon it against interest of plaintiff. On perusal of entire pleadings as well as oral and documentary evidence placed before learned Trial Court and judgment and decree of both Courts below, it clearly transpires that both Courts below have properly appreciated evidence on record and has properly interpreted the Power of Attorney and have not committed any error in facts and law in passing judgment and decree in favour of plaintiff and against present appellants - Facts and circumstances of case, therefore, Court have decided all points in negative accordingly – Appeal dismissed.
JUDGMENT :
1. This Second Appeal has been preferred by the defendants against the judgment and decree dated 13.05.2015 passed by the learned Principal District Judge, Gandhinagar in Regular Civil Appeal No.1 of 2015 confirming the judgment and decree of the learned Trial Court passed in Special Civil Suit No.31 of 1999 dated 28.02.2014, under Section 100 of the Code of Civil Procedure, 1908.
2. The appellants are the original-defendants and the respondents are the original-plaintiffs. For the brevity and convenience, the parties are referred to in this Judgment as per the character assigned to them by the learned Trial Court.
3. The brief facts of the case are as under :
3.2. That the plaintiff and Chanchalben Motibhai gave a power of attorney on 29.03.1989 in favour of Manubhai Chotabhai (defendant No.1). After her death, the plaintiff issued a Notice on 07.05.1996 to the defendant No.1 for cancelling the said Power of Attorney, wherein, he was specifically informed regarding the suit land. The said Notice was returned with an endorsement of refused. According to the plaintiff, though the Power of Attorney was cancelled, the defendants filed a Civil Suit on 18.05.1996 in the Civil Court, Gandhinagar and prayed that the defendants (plaintiffs of this case) do not have any right to cancel the Power of Attorney and he had also sought for interim injunction, which came to be rejected by the learned Trial Court.
3.3. According to the plaintiff, though the Power of Attorney was cancelled that the defendants initiated proceedings of conversion of land from new tenure to old tenure and obtained order accordingly from the authority on 31.03.1998 and on that basis, defendant No.1 has executed one sale deed in favour of his son - defendant No.2 vide registered sale deed dated 02.04.1998, which are not binding to the plaintiff. It is also alleged that the defendants had no any right or title over the land since the plaintiff was residing at Ahmedbad. Defendant No.1 executed sale deed and also trespass over the land and on that basis, the plaintiff filed a suit for cancellation of the registered sale-deed and for declaration and injunction restraining the defendants to enter upon the land and do anything and creating third party interest.
3.4. The defendants have resisted the suit by filing reply at Exh.17 and denied all the contentions of the plaintiff. According to the defendants, as a plaintiff and his mother were intended to sale the property and since it could not be transferred without converting it in old tenure land they executed Power of Attorney in favour of the defendant No.1 with interest thereon and has accepted the amount of Rs.63,100/- and has also handed over the possession of the land in question to defendant No.1. The defendants took stand that having possession of the suit land and on that basis, they have acted upon to obtain necessary permission from the authorities for conversion of land from new tenure to old tenure and also paid amount of premium. It is also contended that since there was a rise in the price of land, the plaintiffs wanted to resile from the obligation under the Power of Attorney, he had to file the suit against them.
3.5. It is also contended that the defendant No.2 is a bona fide purchaser of the land and that has paid requisite consideration and has become owner of the property by registered sale deed and the plaintiff has no right to restrain them from using land in question and the suit itself is liable to be dismissed.
4. On the basis of the pleadings of the parties, the lear
A Power of Attorney can be revoked by the principal unless it is coupled with an interest in the property, as per Section 202 of the Indian Contract Act.
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
The central legal point established in the judgment is the requirement of notice prior to the revocation of a power of attorney and the implications of cancellation of the power of attorney, as gover....
The main legal point established is that the cancellation of a Power of Attorney requires reasonable notice for revocation, and the termination of authority does not take effect until it becomes know....
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