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SANJAY KUMAR MEDHI
Hira Das – Appellant
Versus
On The Death Of Lakhi Ch. Das Represented By Labanya Das – Respondent
JUDGMENT :
The present appeal is preferred under Section 100 of the Code of Civil Procedure challenging a judgment and decree dated 19.05.2008 passed by the learned Addl. District Judge, Nagaon in Title Appeal No. 10/2006 whereby the said appeal was dismissed.
2. By the aforesaid impugned judgment and decree dated 19.05.2008, the 1st Appellate Court had affirmed the judgment and decree dated 27.03.2006 passed by the learned Civil Judge (Sr. Division) in Title Suit No. 46/1993. The appellant herein was the defendant no. 1 in the aforesaid title suit. The said suit was instituted for declaration of right, title and interest and recovery of khas possession.
3. The projected case in the plaint was that on 10.03.1980, a Power of Attorney was executed by the plaintiff in favour of the defendant no. 1 to look after the suit land as the plaintiff was a government servant. On 09.08.1991, the said Power of Attorney was cancelled and the land in question which was in the possession of the defendant no. 1 was demanded back. Initially, the plaintiff had also instituted a proceeding under Section 145 of the Cr.PC in which, however, a direction was given for approaching the appropriate forum of law.
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 the cancellation of a power of attorney and the authority of a sale deed in property disputes.
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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