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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice V.SIVAGNANAM
K.V.Alagesan – Appellant
Versus
K.V.Ramakrishnan – Respondent
JUDGMENT :
Aggrieved over the Judgement and Decree dated 11.10.2013 passed in O.S.Nos.115 of 2007 & 43 of 2009 by the Additional District Court, Namakkal, the plaintiff in O.S.No.115 of 2007 and the defendant in O.S.No.43 of 2009 has preferred the appeal suits.
2. The plaintiff in O.S.No.115 of 2007 and the defendant in O.S.No.43 of 2009 on the file of the Additional District Court, Namakkal, is the appellant in both the appeal suits. The defendants in O.S.No.115 of 2007 and the plaintiffs in O.S.No.43 of 2009 are the respondents herein.
3. O.S.No.43 of 2009 was transferred to District Court, Namakkal from the file of the District Munsif Court, Namakkal and it was assigned to Additional District Judge, Namakkal.
4. For the sake of convenience, the parties are referred to as per their rankings in the trial Court in O.S.No.115 of 2007.
5. Suits filed for declaration of title, delivery of possession and for permanent injunction.
6. The plaintiff's case, in brief, in O.S.No.115 of 2007 is as follows:
(a). The plaintiff and defendants 1 to 3 are sons of one M.K.Venkatachalam. The properties which are described in Schedule "A" belonged to the plaintiff under three sale deeds, one dated 20.09.19
None of the cases listed explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law. The only case mentioned is "Prabakaran v. S." with a reference to Gyatri Prasad v. ... but there is no indication in the provided text that any of these cases have been overruled or criticized in subsequent decisions. Therefore, based on the provided information, no cases are identified as bad law.
Followed / Cited: The mention of "Prabakaran v. S." and the reference to Gyatri Prasad v. ... suggests these cases are being cited as precedents or relevant authority. However, there is no explicit indication they are being followed or distinguished in the provided excerpt.
No explicit language indicating that any case has been distinguished, criticized, questioned, or otherwise treated positively or negatively is present in the list.
The treatment of "The plaintiff and defendants 1 to 3 are sons of one M.K.Venkatachalam. ... Prabakaran v. S. ... To cite only a few, in Gyatri Prasad v." is ambiguous. The excerpt is incomplete and does not specify whether these cases have been overruled, criticized, or followed. Without additional context, it is unclear how these cases have been treated in subsequent jurisprudence.
**Source :** K.V.ALAGESAN vs K.V.RAMAKRISHNAN - Madras
The court affirmed the validity of a sale deed executed under a power of attorney, ruling that subsequent cancellation of the power did not affect the completed transaction.
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.
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.
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....
Power of Attorney has certain limitations.
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 ....
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.
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