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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Sudersham Kumar Gupta, S/o Sh. Karam Chand – Appellant
Versus
Chuni Lal Raina, S/o Lt. Sh. Nanak Chand, R/O Gadi Garh, Jammu – Respondent
ORDER :
1. The instant Civil Miscellaneous Appeal has been filed under Order 43 Rule 1(u) of CPC against the order dated 17.12.2024 passed by the learned 2nd Additional District Judge, Jammu (hereinafter referred to as the, “Appellate Court”) in File No. 103/Appeal/Case No. 169/2019 titled, “Chuni Lal Vs. Ajay Kumar and ors.”, whereby the judgment and decree dated 25.10.2019 passed by the learned City Judge, Jammu (hereinafter referred to as the, “trial Court”) in case titled, “Chuni Lal Vs. Ajay Kumar and ors.” has been set aside.
2. The specific case of the appellant is that the respondent No. 1 (plaintiff) has filed a civil suit for declaration, declaring the irrevocable general Power of Attorney executed on 18.05.2004 registered before the Sub-Registrar, Jammu as illegal, unwarranted, fictitious, fraudulent, null and void along with consequential relief of permanent prohibitory injunction restraining the defendants therein from further acting on the Power of Attorney or alienating, changing the nature of property or transferring the same in any manner. The respondent No. 1 challenged the Power of Attorney on the ground that the same has been illegally obtained by proforma respond
The necessity of a fair hearing and proper jurisdiction in civil suits is paramount, with the appellate court required to consider these aspects before remanding a case.
The court confirmed that a Power of Attorney executed abroad may be contested in Indian courts regarding property title, asserting jurisdiction based on civil procedure.
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....
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
The burden of proof lies on the person who would fail if no evidence at all were given on either side. In this case, the appellants did not discharge their burden of proving their stand, and the cour....
The court established that the General Power of Attorney was fictitious and the sale deed executed under it was null and void, emphasizing the burden of proof lies with the defendants under Section 8....
A forged Power of Attorney invalidates subsequent transactions, affirming that fraud and justice cannot coexist; the High Court's review under Section 100 CPC is limited to substantial questions of l....
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