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P. T. ASHA
M. Sundarraj – Appellant
Versus
S. Jayalakshmi – Respondent
JUDGMENT :
Prayer: First Appeal is filed under Section 96 read with Order 41 Rule 1 of C.P.C against the Judgement and Decree in O.S.No.5 of 2016 on the file of the Principal District Judge, Dharmapuri dated 12.03.2021.
The plaintiff in the suit O.S.No.5 of 2016 on the file of the Principal District Judge, Dharmapuri is the appellant before this Court challenging the dismissal of his suit which has been filed for the following reliefs:-
b) Pass a decree for permanent injunction in favour of the plaintiff restraining the defendants 1 and 2 from in any way alienating or encumbering the suit properties;
c) Pass a decree directing the defendants to pay the
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 court ruled that a power of attorney does not confer title; fraudulent sales to a power agent's spouse are invalid and do not transfer ownership, reinforcing the principles against benami transac....
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 court affirmed that a sale deed executed with authority is valid unless fraud or coercion is proven, and claims must be filed within a statute of limitations.
The burden of proof lies on the party asserting facts, with claims of forgery regarding a registered power of attorney necessitating all relevant parties to be joined to the suit for effective adjudi....
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