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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.Abdul Hakhim
Babu – Appellant
Versus
Elsamma Mathew @ Ely Kurchardt, W/o. Kuchardt – Respondent
JUDGMENT :
M.A.Abdul Hakhim, J.
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 plaintiff is a lady residing in West Germany since the year 1968. The Defendant No.1 is the wife of Defendant No.2. The Defendant No.2 is the son, and the Defendant No.3 is the wife of the brother of the plaintiff, George, who died in an accident on 26.10.2000.
2. The case of the plaintiff is that since the plaintiff had been residing abroad
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....
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....
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....
(1) Revocation of agency – In absence of a particular mode suggested for revocation of authority of an agent, manner adopted by principal to revoke authority of agent must be one which clearly and un....
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.
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.
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.
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