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2023 Supreme(Online)(MAD) 4048

HIGH COURT OF MADRAS
G.R.SWAMINATHAN, J
Sudhakar.R – Appellant
Versus
The District Registrar – Respondent


ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to direct the second respondent to accept the deed of cancellation. The petitioner had executed power of attorney dated 05.08.2022 in favour of the third respondent. This document is sought to be cancelled now. The second respondent is however declined to do so and issued the impugned Refusal Check Slip.

3. The learned counsel appearing for the petitioner strongly relies on the order dated 24.03.2021 passed by this Court in W.P(MD).Nos.2073 and 2076 of 2021. In the said order, I had dealt with a Power of Attorney which was coupled with interest.

4. Section 202 of the Indian Contract Act 1872, reads as follows “Termination of agency, where agent has an interest in subject matter:- Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.”

5. I had held that if according to the power agent, the power of attorney granted in his favour is coupled with interest and therefore, not revocable, it is for him to move the jurisdictional Court and obtain an order of in

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