Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Jeyamani – Appellant
Versus
Umamaheshwari – Respondent
JUDGMENT :
A.S.No.39 of 2022 has been filed challenging the order of the Trial Court in O.S.No.72 of 2019 dated 06.07.2021 on the file of the III Additional District and Sessions Judge, Erode at Gobichettipalayam.
A.S.No.40 of 2022 has been filed challenging the order of the Trial Court in O.S.No.42 of 2017 dated 06.07.2021 on the file of the III Additional District and Sessions Judge, Erode at Gobichettipalayam.
2. The suit in O.S.No.42 of 2017 has been filed by the appellant seeking for cancellation of the power of attorney dated 09.07.2012, sale deed dated 27.04.2017 and for permanent injunction.
3. The suit in O.S.No.72 of 2019 has been filed by the second defendant in O.S.No.42 of 2017 for the relief of permanent injunction.
4. The brief background of the case in O.S.No.42 of 2017 is as follows:
4.a. According to the plaintiff, the suit property is a vacant site. Plaintiff has purchased the vacant land and is the owner of the property. In order to met out the expenses of business of her husband, the plaintiff and her husband approached one Govindaraj for a loan of Rs.3 lakhs. Govindaraj introduced the first defendant who is doing finance business. The first defendant has agreed to l
The court affirmed that a valid power of attorney authorizes the sale of property, and possession follows title, dismissing claims of forgery and invalidity.
Registered Power of Attorney presumed valid under S.114(e) Evidence Act unless fraud specifically pleaded and proved; lack of Tamil literacy and attesting witness ignorance insufficient to invalidate....
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....
A power of attorney is not compulsorily registerable under the Registration Act for the purpose of presenting a deed of sale; furthermore, a suit for declaration against such transactions is subject ....
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 main legal point established in the judgment is the importance of establishing lawful possession and discharge of obligations in property disputes, as well as the relevance of challenging relevan....
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
