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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Nisani – Appellant
Versus
Saravanan – Respondent
| Table of Content |
|---|
| 1. legal context of the appeal suit (Para 1 , 2 , 3) |
| 2. allegations of fraud regarding property transactions (Para 5) |
| 3. parties' arguments on the nature of the power of attorney (Para 6 , 7 , 8 , 9 , 10) |
| 4. court's reasoning on language proficiency and allegations of fraud (Para 11 , 12 , 13 , 14) |
| 5. legal principles on possession and title (Para 15 , 16 , 17) |
JUDGMENT :
Challenging the decree and judgment of the Trial Court dismissing the suit filed by the plaintiff in O.S.No.111 of 2011 for declaration and for permanent injunction, the appeal in A.S.No.69 of 2022 is filed. The appeal in A.S.No.70 of 2022 has been filed by the unsuccessful defendants as against the judgment and decree of the Trial Court passed in O.S.No.14 of 2012 granting declaration and permanent injunction in respect of the plaintiff in that suit.
3. The parties are arrayed to as per their own ranking before the Trial Court.
5. The following facts are necessary for disposal of both the appeals:-
5.a. It is the case of the plaintiff in O.S.No.111 of 2011 that she domiciled in France, she came to India to purchase the property on 12.08.2002 and the first defendant one Saravanan, who was her family friend,
The court emphasized that the burden of proving fraud lies with the party alleging it, and mere assertions without supporting evidence are insufficient in challenging the validity of registered docum....
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....
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 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.
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....
The court affirmed the validity of a sale deed executed under a power of attorney, ruling that subsequent cancellation of the power did not affect the completed transaction.
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