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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU
S.Jothimani, S/o N.Sankarappan – Appellant
Versus
Praveen, S/o Indirani Muralidharan – Respondent
| Table of Content |
|---|
| 1. plaintiff alleges fraudulent power of attorney disguised as mortgage. (Para 2 , 3 , 4 , 5) |
| 2. trial court finds power of attorney and sale deed invalid. (Para 6 , 7 , 8 , 9) |
| 3. appellant argues failure to prove fraud, valid execution presumed. (Para 10 , 11 , 12 , 13 , 14) |
| 4. power of attorney valid; presumption under evidence act unrebutted. (Para 15 , 16 , 18 , 19 , 20 , 21 , 22) |
| 5. sale deed valid; appeal allowed, trial decree set aside. (Para 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
K. KUMARESH BABU, J.
The above Appeal suit has been filed challenging the Judgement and decree dated 07.06.2017 made in O.S.No.498 of 2014 on the file of the learned Additional District Judge-I, Coimbatore.
2. The case of the plaintiff is that, he is the absolute owner of the suit schedule property, by the virtue of the Sale Deed dated 09.06.2003. According to the plaintiff, his friend, one Mr. Karthik, had approached the 2nd defendant seeking financial assistance and had borrowed a sum of Rs.50,000/-. At the request of the said Mr. Karthik, the plaintiff agreed to stand as a surety for the said loan. Subsequently the 2nd defendant, in turn, insisted that the plaintiff has to hand over the orig
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 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.
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.
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 burden of proving fraud concerning registered instruments rests upon the party alleging it. A principal who authorizes an agent to alienate property cannot invalidate the agent's actions without ....
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....
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....
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