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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
ANIL VERMA
Vikas Apartment Grah Nirman Sahakari Sanstha, Through Receiver Appointed Under Section 53(13) Of The Mp Co-Operative Society Act, 1960, Ashish Sethiya, S/o. Pooranmal Sethiya – Appellant
Versus
Gattu @ Ramprasad, S/o. Late Brajlal – Respondent
JUDGMENT :
ANIL VERMA, J.
1.This first appeal has been preferred by appellant/defendant no. 1 under section 96 of Code of Civil Procedure, 1908(in short CPC) being aggrieved by judgment and decree dated 25.2.2005 passed by 15th Additional District Judge Indore in civil suit No. 2A/2004, whereby the learned trial court has decreed the suit in favour of respondent No.1/plaintiff and declared the registered sale deed dated 14.2.1990 (sale deeds No. 1A/1338/d and 1A/1340/d) as null and void and directed that defendant no.4 will make an entry in his record about sale deed as null and void in favour of plaintiff. It was also declared that defendant no. 1 has no right to obtain mutation order in his favour on the basis of above registered sale deed as null and void and the diversion order issued by defendant no. 5 in favour of defendant no. 1, the agreement dated 3.3.1997 and power of attorney dated 3.3.1987 are declared null and void. Decree of Permanent injunction has been issued against defendants no. 1 and 2 thereby restraining them from alienating the suit property and interfering in the possession of plaintiff.
2.Brief facts of the case are that originally land in question belongs to B
Contracts involving minors are voidable, and agreements lacking informed consent due to undue influence or coercion are rendered invalid.
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
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 in the judgment is that the power of attorney holder has the right to exercise the power given in the power of attorney but cannot use such power for personal benefit....
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