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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
Settiyanna Gounder (died) – Appellant
Versus
Arivalagan – Respondent
| Table of Content |
|---|
| 1. jurisdiction and appeal established. (Para 1 , 2) |
| 2. factual background of ownership and transactions. (Para 3 , 4) |
| 3. framing of issues for trial. (Para 5) |
| 4. court's reasoning on powers of attorney and validity of sale. (Para 6 , 7 , 13 , 14 , 15 , 18 , 20) |
| 5. substantial questions of law raised on appeal. (Para 8 , 9 , 10 , 11) |
| 6. court fee requirements discussed. (Para 12 , 16 , 17) |
| 7. court observations on prior deeds and authority. (Para 19) |
| 8. final decision and order. (Para 21) |
JUDGMENT :
R.N. MANJULA, J.
1. This Second Appeal has been preferred against the judgment and decree passed in A.S.No.21 of 2012, on the file of the learned II Additional Subordinate Judge, Salem, dated 21.12.2012, reversing the judgment and decree dated 23.11.2010 made in O.S.No.234 of 2008 on the file of the I Additional District Munsif Court at Salem.
2. The defendants are the appellants against whom the plaintiffs have filed a suit to declare that the sale deed dated 31.07.2006 executed by the 1st defendant in favour of the second defendant vide document No.1539 of 2006 and the sale deed dated 11.10.2006 executed by the second defendant in favour of the 3rd defendant vide document No.2200
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 that the Power of Attorney was executed as a security for a loan and the sale deed was executed without consideration, making it void.
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....
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....
Point of law: stoic silence on the part of the plaintiffs for more than 2 years after executing the power of attorney and their own sister being the party to all the subsequent transactions, the thir....
A lawsuit for cancellation of a sale deed can be maintained in civil court when the plaintiff has prima facie title, despite the sale deed being based on fraud, as jurisdiction under the U.P. Zaminda....
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