If a power had been created empowering agent to collect rents and appropriate it to himself, then it is a document creating interest in immoveable property.

1. O.P. No.92 of 2007 has been filed under Section 232 and 276 of the Indian Succession Act for the grant of Letters of Administration with the Will of the deceased-Thallam Leelavathi. Originally, the Original Petition was filed by Patthi Balaiah Chetty, the brother of the deceased testatrix. But he passed away resulting in his children, who were respondents 1 to 4 being transposed as petitioners 2 to 5, by virtue of an order passed on 09.01.2007 in Application No.10 of 2007 in O.P. Diary No.13069 of 2006. The Original Petition itself was numbered only after such transposition.

2. After evidence was taken in the Original Petition, it was represented that a caveat had been filed by a group of persons through their power agent by name Mrs. Munaga Sukumari. However, the petitioners in the Original Petition filed an Application in O.A. No.3055 of 2007 praying for rejecting the caveat on the ground that the caveat had been filed under Section 148-A, C.P.C. and it was not in accordance with Form No.69 under the Indian Succession Act. In view of the said objections, the caveators withdrew the earlier caveat and filed a fresh caveat in Form No.69. Therefore, Application No.3055 of 2007 has virtually become in fructuous. Therefore, it is closed.

3. The second caveat was admittedly filed in Form No.69. Therefore, the petitioners in the Original Petition have come up with a fresh Application for discharging the caveat in Application No.3644 of 2007. The caveat is sought to be discharged on the following three grounds namely:

.(a) that the Power of Attorney given by all the caveators in favour of one person, was for the purpose of getting another Will dated 210. 2004 probated and that therefore, the same Power of Attorney cannot be used for opposing the later Will in respect of which the present Original Petition has been filed.

.(b) that the Power of Attorney is allegedly executed by various persons residing at various places and that it has been merely notarised resulting in no proper authentication of the Power of Attorney; and

.(c) that under Clauses 5 and 6 of the deed of Power of Attorney, an interest in immovable property is created and that therefore the Power of Attorney is inadmissible

in as much as it has not been registered.

4. I have heard Mr. S.Y. Raghuraman, learned counsel for the applicants/petitioners and Mr. P.B. Balaji, learned counsel for the caveators.

5. Taking up the first contention of the learned counsel for the applicants/petitioners, it is seen that the said contention emerges out of Clause 1 of the deed of Power of Attorney which reads as follows:

"1. To probate the above Will dated 216. 2004 before a competent Court of Law by engaging an Advocate on our behalf."

Taking cue from Clause 1 of the Power of Attorney, the learned counsel for the applicants/petitioners contended that the Power of Attorney was for the particular purpose of getting another dated 210. 2004 probated and that therefore, the caveators are not entitled to use the very same Power of Attorney to oppose the present proceedings arising out of a different Will. In support of his contention, the learned counsel-for the applicants/petitioners relied upon a decision of this Court in P.M. Desappa Nayanim Varu and Others v. Ramabhaktula Ramlah and Others, AIR 1952 Mad. 559. In para 3 of the said Judgment, this Court had held that Power of Attorney must be strictly construed, and that the operative part of the deed is controlled by the recitals. Therefore, according to the learned counsel for the applicants/petitioners, where an authority is given to do particular act, the Power of Attorney should be construed as authorising the agent only to do that particular act.

6. However, I am unable to agree with the said submission of the learned counsel for the applicants/petitioners. The last preamble portion of the deed of Power of Attorney says that the Power of Attorney was being executing for probating the above said Will and "for doin