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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
| Table of Content |
|---|
| 1. background of land ownership and transactions (Para 1 , 2 , 3) |
| 2. defendants' arguments regarding ownership and suit bar (Para 4 , 6 , 7) |
| 3. minority as a factor in contract validity (Para 8 , 9 , 10 , 11 , 12) |
| 4. illiteracy and lack of understanding impact on consent (Para 13 , 14 , 15 , 16) |
| 5. revocation of power of attorney (Para 17 , 18 , 19 , 20 , 21) |
| 6. agency and irrevocability based on interest (Para 22 , 23 , 24 , 25 , 26) |
| 7. defendants' burden of proof in fraud cases (Para 27 , 28 , 29 , 30) |
| 8. fraudulent actions against illiterate plaintiffs (Para 31 , 32) |
| 9. judgment affirmed based on evidence appraisal (Para 33) |
| 10. final dismissal of appeal (Para 34) |
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
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....
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....
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