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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Gopamma – Appellant
Versus
Murugesan – Respondent
| Table of Content |
|---|
| 1. background of property disputes and initiation of appeals. (Para 1 , 2 , 3 , 5 , 7) |
| 2. court's rationale for dismissing appeals based on established legal principles. (Para 13) |
| 3. conclusion of dismissal of second appeals. (Para 14) |
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
1. The Second Appeal in S.A.238/2023 is preferred against the judgment and decree passed in A.S. No.7/2022 on the file of Sub Court, Denkanikottai, confirming the judgment and decree passed in O.S. No.65/2010 on the file of Additional District Munsif Court, Denkanikottai.
2. The Second Appeal in S.A. 239/2023 is preferred against the judgment and decree passed in A.S. No.6/2022 on the file of Sub Court, Denkanikottai, confirming the judgment and decree passed in O.S. No.172/2008 on the file of Additional District Munsif Court, Denkanikottai.
3. The unsuccessful plaintiffs in the above suits have preferred the present Second Appeal.
4. The suit in O.S. No.65/2010 is filed for the relief of declaration of title and for permanent injunction. The contention of the plaintiffs in the above suit is that, the plaintiffs 1 and 2 are sisters and the 3rd plaintiff is the mother of the plaintiffs 1 and 2 and that
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
A power of attorney that is not coupled with interest ceases to be valid upon the death of the principal, and any sale deeds executed after the principal's death are invalid unless the validity of th....
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....
A suit for declaration of ownership is barred by limitation when filed more than three years after the cause of action arises, particularly if adverse legal actions are not promptly contested.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
A suit challenging a sale deed executed prior to 20.12.2004 is barred by limitation and cannot be maintained under the Hindu Succession Act, 1956.
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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