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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
P.Dhanasu S/o. Perumal Gounder Vanur Village, Vanur Taluk – Appellant
Versus
T.Ayyanarappan (Died) S/o.Thillaikannu Vanur Village – Respondent
| Table of Content |
|---|
| 1. property ownership dispute origins (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. validity and execution of power of attorney (Para 9 , 10 , 19 , 20 , 28 , 30) |
| 3. conditions for document registration legality (Para 11 , 13 , 17 , 21 , 22 , 23 , 29) |
| 4. registration effects on document validity (Para 12 , 14 , 15 , 18 , 24 , 26) |
| 5. final judgment and confirmation of lower court's decisions (Para 34 , 35) |
JUDGMENT :
Heard.
2.This Second Appeal is filed against the judgment and decree of the first appellate court/Principal Subordinate Court, Tindivanam in A.S. No.48 of 2009, dated 26.08.2011 which confirmed the judgment and decree of the trial court/District Munsif Cum Judicial Magistrate Court, Vannur in O.S. No.30 of 2002, dated 22.07.2009.
3.The appellant, who is the plaintiff, was unsuccessful before both the courts below. He instituted Original Suit No. 30 of 2002 seeking a declaration of title and a decree of permanent injunction in respect of an immovable property measuring 0.84 cents, situated on the eastern side of the land comprised in Survey No. 481/1A, R.S. No. 313/4, located in Vannur Panchayat, Vannur Village, Villupuram District.
4.In this appeal, the plaintiff before the Tri
Validity of registered documents is upheld against challenges of discrepancies in execution dates, reaffirming that statutory presumptions apply once registration is complete.
While a document is registered and particulars as required by Sections 52 and 58 of the Registration Act are endorsed on it as provided in Section 60, a presumption by reference to Section 114 [Illus....
A sale of immovable property is incomplete without registration, making an unregistered sale deed invalid, particularly when a power of attorney is cancelled.
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....
The execution of a sale deed is binding if the parties are present and the statutory procedures for disabilities are adhered to, dismissing claims of forgery when sufficient evidence exists.
A power of attorney is not compulsorily registerable under the Registration Act for the purpose of presenting a deed of sale; furthermore, a suit for declaration against such transactions is subject ....
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 ....
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