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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SESHASAYEE, P.VADAMALAI
R.M. Sethu – Appellant
Versus
Herbert Sundaram – Respondent
JUDGMENT :
N. SESHASAYEE, J.
1. This appeal is preferred challenging a decree rejecting the suit under Order 7 Rule 11 (a) & (d) of C.P.C. The parties would be referred to by their rank before the trial Court.
2.1. The admitted position is that the suit property belongs to the first defendant ever since he was a minor. He has since become a citizen of Malaysia. According to the plaintiffs, on 30.12.1998, the first defendant had executed a Power of Attorney in Malaysia in favour of a certain Masilamani, and on the strength of the said Power of Attorney, the plaintiffs had purchased the suit property under a sale deed, dated 13.07.2006. At the relevant time when the plaintiffs purchased the property, it was under the occupation of certain Ashok Kumar and the plaintiffs has obtained possession from Ashok Kumar. Notwithstanding the fact that the aforesaid sale in favour of the plaintiffs, on 24.03.2010, the first defendant executed a settlement deed pertaining to the suit property in favour of the second defendant, and the second defendant in turn executed a Power of Attorney in favour of the third defendant. Once the plaintiffs had come to know that the first defendant was still dealing
The court confirmed that a Power of Attorney executed abroad may be contested in Indian courts regarding property title, asserting jurisdiction based on civil procedure.
The necessity of a fair hearing and proper jurisdiction in civil suits is paramount, with the appellate court required to consider these aspects before remanding a case.
Ownership claims based solely on Power of Attorney and Will are insufficient without a registered sale deed; court reviews only the plaint and related documents for cause of action without delving in....
At the stage of considering an application under Order VII Rule 11 CPC, the Court is only required to examine the plaint and the list of documents filed on behalf of the plaintiff. The Court cannot e....
Civil disputes concerning property rights should be resolved exclusively through civil courts and cannot be pursued via criminal complaint processes.
The main legal point established is that the cancellation of a Power of Attorney requires reasonable notice for revocation, and the termination of authority does not take effect until it becomes know....
The burden of proof lies on the person who would fail if no evidence at all were given on either side. In this case, the appellants did not discharge their burden of proving their stand, and the cour....
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