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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
J.Padmavathi – Appellant
Versus
T.R.Muthuswami – Respondent
| Table of Content |
|---|
| 1. overview of the case and appeals (Para 1 , 2) |
| 2. plaintiff's ownership and claims (Para 3) |
| 3. defendants' denial and their stance (Para 4) |
| 4. third defendant's position (Para 5) |
| 5. trial court findings (Para 6 , 7) |
| 6. first appellate court's decision (Para 8 , 9) |
| 7. appellant's arguments (Para 10) |
| 8. respondents' counterarguments (Para 11) |
| 9. third defendant's argument (Para 12) |
| 10. court’s analysis and application of law (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 11. conclusion and final order (Para 19) |
JUDGMENT :
R.Sakthivel, J.
This Second Appeal is directed against the Judgment and Decree dated July 15, 2015 passed in A.S.No.9 of 2014 by the 'Subordinate Court, Bhavani' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated August 30, 2013 passed in O.S.No.195 of 2007 by the ‘I Additional District Munsif Court, Bhavani' ['Trial Court' for brevity] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. The first plaintiff is the father of plaintiff nos.2 to 4. The Suit Property originally belonged to Karuppa Gounder, who is the maternal grandfather of the first plai
A sale of immovable property is incomplete without registration, making an unregistered sale deed invalid, particularly when a power of attorney is cancelled.
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
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.
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 ....
Validity of registered documents is upheld against challenges of discrepancies in execution dates, reaffirming that statutory presumptions apply once registration is complete.
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....
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