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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
S. Ravi – Appellant
Versus
S. Thiyagarajan@icehouse Thiyagarajan – Respondent
| Table of Content |
|---|
| 1. contentions regarding the revocation of power of attorney. (Para 3 , 4 , 6) |
| 2. court’s examination of evidence and notice of termination. (Para 8 , 9 , 10 , 11 , 12) |
| 3. conclusion on validity of sales and rights over property. (Para 20 , 21 , 22) |
| 4. final ruling on reliefs granted. (Para 23) |
JUDGMENT :
Aggrieved over the judgment and decree of the Trial Court granting declaration in respect of Flat No.1 and dismissing other reliefs and also dismissing the suit in entirety in respect of Flat No.2, the instant appeal has been filed by the appellant.
2.a. The plaintiff has purchased the suit properties in a public auction conducted under SARFAESI by the HDFC Bank and he became the successful bidder for two flats for a total amount of Rs.30 lakhs and the sale certificate is also registered in the name of the plaintiff on 03.11.2008. The flats were vacant at the time of inspection by the plaintiff. After registration of the sale certificate, when the plaintiff went to the suit properties, a group of men led by the first defendant claiming to be a political leader tried to barge into the flats. The first defendant claimed that the flats belong to him and he threatened the pl
The revocation of power of attorney must be communicated to the agent and third parties to be effective; failure to do so renders subsequent transactions valid.
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 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 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.
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....
Compulsory Registrable Document – Under Power of Attorney Act, 1872, execution of a deed of Power of Attorney is valid in law and subject to the provisions of the Act, it is not a compulsorily regist....
The court emphasized the necessity of demonstrating the existence of a contract for specific performance and the importance of proper evidence, including original documents.
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