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2008 Supreme(P&H) 632

PERMOD KOHLI
Ram Asri – Appellant
Versus
Rakesh Chand – Respondent


Advocates:
For the Appellant:Mr. I.S.Vimal, Advocate.
For the Respondent:Mr. Chetan Mittal, Advocate.

JUDGMENT

Permod Kohli. J.:-At the time of admission of this appeal on January 11, 1985, no substantial question of law was framed. After hearing learned counsel for the parties frame following substantial questions of law for determination in this appeal:­

1. Whether a written notice of cancellation of a General Power of Attorney by the Principal is essentially required to be issued to the person holding such GPA and the subsequent vendee?.

2. What is the extent of enquiries that a vendee must make to be eligible for the protection envisaged under Section 41 of the Transfer of Property Act as a bona fide vendee?

3.Whether the objections taken by the plaintiff in this case against the subsequent will dated 26.5.1978 in favour of Harish Kumar (Ex.P1) amount to “suspicious circumstances” surrounding the said will.

2. Remaining unsuccessful in the trial court as well as First Appellate Court, the plaintiff has approached this Court by filing the present Regular Second Appeal assailing the findings and consequential judgments and decrees passed by the courts below.

3. The dispute relates to the property of one Mahant Jaram Dass. It is admitted case of the parties that the property was own











































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