The validity of transactions executed under a power of attorney persists unless revoked legally; unproven allegations of forgery cannot justify cancellation of registered documents.

ORDER :

N. SATHISH KUMAR, J.

This Writ Appeal has been preferred challenging the order passed by this Court in W.P.(MD) No.8998 of 2025, dated 19.08.2025, whereby the sale deeds dated 15.07.2024, registered as Document Nos. 4621 of 2024 and 4622 of 2024, executed by the power agent of the Writ Petitioner in favour of the appellant, came to be set aside. The said documents were sought to be cancelled on the ground that the life certificate of the Writ Petitioner had been forged by his power agent and, on the strength of such forged document, the sale deeds had been executed.

2. The brief facts of the case is as follows:

An extent of 1 Acre 96.50 cents, situated at Vijayaragava Mudaliar Chathram Village, Palayamkottai Taluk, Tirunelveli District, originally owned by one David Muthiah Devadoss. Later, the property was devolved upon one Raja Rhenius, who is the father of the Writ Petitioner and after his death, his son viz., Jayanth Rhenius, the Writ Petitioner become the owner of the property. He has executed a power of attorney in favour of the 3^rd respondent on 16.11.2010, vide Document No.1066 of 2010. Pursuant to the said power of attorney, the 3^rd respondent has executed a sale agreement on 24.11.2014 in favour of one Elanchezhiyan, who is none other than the husband of the appellant, to the total extent of 1 Acre 96.50 cents. Thereafter, on 19.04.2018, a sale deed was executed vide Doc.No.1591/2018 in favour of Elanchezhiyan, in respect of 21 cents. Similarly, on 13.12.2018, a sale deed was executed vide Doc.No.6422 of 2018, in respect of 30.87 cents. Thereafter, on 21.09.2021, a sale deed was executed vide Doc.No.6404 of 2021 in favour of Elanchezhiyan. Further, on 15.07.2024, sale deeds were executed in favour of the appellant vide Document Nos.4621 and 4622 of 2024. Challenging the said registration of sale deeds dated 15.07.2024, the Writ Petitioner has filed the Writ Petition in W.P.

2.1. It is the contention of the Writ Petitioner in the Writ Petition that, though the sale agreement and the sale deeds were executed in the year 2021, no sale consideration had been paid by the power agent. Therefore, the Writ Petitioner had informed the power agent of his intention to cancel the power of attorney. It is his further case that only thereafter, the power agent had executed the impugned sale deeds dated 15.07.2024 in favour of the appellant, by forging the life certificate of the Writ Petitioner. It is also contended that the Registering Authority, without adhering to the procedure contemplated under Rule 55-A of the Tamil Nadu Registration Rules under the Registration Act , 1908, had registered the said sale deeds. According to the Writ Petitioner, the sale deeds dated 15.07.2024 were registered on the strength of a forged life certificate containing his fabricated signature. Hence, he sought for cancellation of the said sale deeds executed in favour of the appellant.

2.2. The Writ Petitioner has also made a criminal complaint against the 3^rd respondent power agent, which resulted in filing of an FIR in Crime No.12 of 2024. The 3^rd respondent has obtained anticipatory bail. While granting anticipatory bail, this Court directed the Investigation Officer, to take the specimen signature of the concerned parties and send