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V. LAKSHMINARAYANAN
M. Chinnathambi @ Mani – Appellant
Versus
Kannaiyan – Respondent
JUDGMENT :
Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 11.10.2012 made in A.S.No.115 of 2011 on the file of the learned I Additional Subordinate Judge, Salem confirming the judgment and decree dated 01.06.2011 passed in O.S.No.546 of 2010 on the file of the I Additional District Munsif, Salem.
This Second Appeal has been preferred against the Judgment and decree dated 11.10.2012 made in A.S.No.115 of 2011 on the file of the learned I Additional Subordinate Judge, Salem confirming the judgment and decree dated 01.06.2011 passed in O.S.No.546 of 2010 on the file of the I Additional District Munsif, Salem.
2. For the sake of convenience, the parties are referred to as per their rankings in the suit.
3. The plaintiff pleads that the defendant is the owner of the suit schedule mentioned property. On 8.10.2004, the defendant executed Power of Attorney appointing the plaintiff as his agent. This document is registered vide document no.323 of 2004 on the file of the Salem (East) District Registration Office at Salem. On 14.07.2004, the defendant approached him for selling the suit property fixing the price at Rs.1,8
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....
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.
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....
A power of attorney does not divest the principal of the right to sell property unless actively utilized for such conveyance; prior valid sale deeds are upheld.
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