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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
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 plaintiff. After the demise of Karuppa Gounder, his three daughters namely, Velammal, Kuttiammal and Lakshmiammal became the owners of the Suit Property and they jointly enjoyed it. On May 9, 1972, Velammal sold her share within specific boundaries to the 1st plaintiff. Subsequently, on December 5, 1990 Kuttiammal and Lakshmiammal bequeathed their shares to the 1st plaintiff through a registered Will. The Will came into force and the plaintiffs are in possession and enjoyment of the Suit Property.
3.1. In 2001
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 ....
The court established that non-payment of sale consideration does not justify cancellation of registered Sale Deeds by Registration Authorities, which is a matter for civil courts.
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