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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Babu, S/o. Late George – Appellant
Versus
Elsamma Mathew @ Ely Kurchardt, W/O.Kuchardt – Respondent
| Table of Content |
|---|
| 1. overview of parties and property ownership. (Para 1 , 2) |
| 2. trial court issues and evidence presented. (Para 3 , 10 , 11 , 18) |
| 3. defendant's rebuttal of plaintiff's claims. (Para 4 , 5) |
| 4. conclusion of the appeal and dismissal. (Para 12 , 35) |
| 5. application of section 215 of the indian contract act. (Para 20 , 27 , 34) |
JUDGMENT :
1. Appellants are the Defendants Nos.2 & 3 in the suit. The Respondent No.1 is the Plaintiff and the Respondent No.2 is the Defendant No.1 in the suit. The Respondent No.1/Plaintiff filed the suit for cancellation of Ext.A2 Sale Deed dated 18.09.2013 and for a mandatory injunction directing the defendants to vacate the building in the plaint schedule property. The plaint schedule property is an extent of 87.40 Ares of land and the building therein, which belonged to the Plaintiff as per Ext.A1 Sale Deed dated 02.06.1975. Ext.A2 is a Sale Deed executed by the Defendant No.2, as the Power of Attorney Holder of the Plaintiff, as per Ext.A4 Power of Attorney dated 26.02.2001 executed by the plaintiff in favour of the Defendant No.2, transferring the plaint schedule property for a sale consideration of Rs.2,50,000/-. The plain
A Power of Attorney holder must not act in conflict with the principal's interests; failure to disclose material facts allows the principal to repudiate transactions under Section 215 of the Indian C....
An agent dealing on their own account must obtain the principal's consent; failure to disclose material facts permits the principal to repudiate the transaction under Section 215 of the Indian Contra....
Point of law: stoic silence on the part of the plaintiffs for more than 2 years after executing the power of attorney and their own sister being the party to all the subsequent transactions, the thir....
The application of Section 17 of the Limitation Act to protect the rights of a party defrauded from lapse of time until they remain in ignorance of the fraud, and the presumption of validity of a reg....
Registered Power of Attorney presumed valid under S.114(e) Evidence Act unless fraud specifically pleaded and proved; lack of Tamil literacy and attesting witness ignorance insufficient to invalidate....
Agents may execute sale deeds within their authority; failure to set aside such deeds results in enforceability. Remedies against breaches of power are financial rather than reclaiming properties.
A power of attorney does not confer title to property; fraudulent sales executed by an agent without the principal's consent are invalid under the Benami Transactions Act.
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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