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SANJAY DWIVEDI
Mohammed Imaan (Mohd. Rumman) – Appellant
Versus
Chinta Singh – Respondent
ORDER
1. The matter was finally heard on 22.4.2024 and today the order is being pronounced.
2. By the instant review petition filed under section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, the petitioner is seeking recall of judgment dated 13.4.2023 passed in First Appeal No.471/2016 (Chinta Singh and others v. S.L. Nomaan and others).
3. To appreciate the rival legal contentions urged on behalf of the parties, the relevant facts, in a nutshell, are that this review petition has been filed by defendant No.6. Respondent No.1 herein is plaintiff, who had filed a civil suit registered as C.S.No.121-A/2007 in the Court of First Additional District Judge, Bhopal against the review petitioner and respondents Nos.2 to 16.
3.1 The plaintiff had averred that one Sitaram was the owner of the land out of khasra No.1/4/1 (old), corresponding to new Khasra No.1, area 15.78 acres, situated in Village Mahuakheda, Tahsil Huzur, District Bhopal (M.P.), Sitaram had executed a registered power of attorney dated 29.10.1994 in favour of defendant No.1 S.L. Nomaan authorising him to execute sale-deeds in respect of the suit property and was also given certain other powers as mentioned
The court established that review applications must demonstrate clear errors on the record, not mere legal interpretations or disagreements with prior judgments.
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 ....
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 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 burden of proof lies on the person who would fail if no evidence at all were given on either side. In this case, the appellants did not discharge their burden of proving their stand, and the cour....
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