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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE P. VADAMALAI
Kalyani Sundari – Appellant
Versus
Sudhagar – Respondent
JUDGMENT :
P.VADAMALAI, J.
This Second Appeal is preferred against the judgment and decree, dated 08.02.2018 passed in A.S.No.20 of 2016 on the file of the Principal Subordinate Court at Nagercoil, Kanyakumari District, reversing the judgment and decree, dated 29.02.2016 made in O.S.No.249 of 2012 on the file of the District Munsif-cum-Judicial Magistrate Court, Boothapandi.
2. The appellant is the plaintiff and the respondent is the defendant in O.S.No.249 of 2012 on the file of the District Munsif-cum-Judicial Magistrate Court, Boothapandi.
3. For the sake of convenience, the parties are referred as plaintiff and defendant as arrayed in O.S.No.249 of 2012 on the file of the District Munsif-cum-Judicial Magistrate Court, Boothapandi.
4. It is the case of the plaintiff that the suit property is measuring 5.58 cents comprised in new R.S.No.747/4A 45, Teachers Colony, Shenbagaramanpudur Village, Thovalai Taluk, Kanyakumari District. The plaintiff’s husband Sudalaikannu purchased the suit property from its original owner Sankarji through registered sale deed, dated 24.05.1996. The plaintiff and the said Sudalaikannu have no issue out of wedlock. Sudalaikannu died intestate on 29.10.2006, l
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....
The court held that a suit for declaration of ownership of property is not barred by Section 34 of the Specific Relief Act, 1963, if the plaintiff is able to prove that he/she was not dispossessed of....
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 main legal point established in the judgment is the validation of the power of attorney (Ex.B1) and the implications of its validity on the sale deed executed by the first defendant in favor of t....
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 court affirmed that fraudulent sale deeds do not confer valid title, and the burden of proof lies on the party alleging fraud, especially in fiduciary relationships.
(1) Power-of-attorney holder cannot depose for Principal in respect of a matter regarding which only Principal can have personal knowledge and incurs liability to be cross-examined.(2) Pleadings cann....
The main legal point established in the judgment is the requirement to prove the execution of a Power of Attorney and the validity of sale deeds, as well as the consideration of the issue of limitati....
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....
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