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1970 Supreme(SC) 143

M. HIDAYATULLAH, A. N. RAY, I. D. DUA
Jugraj Singh – Appellant
Versus
Jaswant Singh – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court of India dismissed an appeal filed by the sons of the original mortgagee (Appellants) against the dismissal of their suit challenging a sale deed execution and subsequent redemption order (!) (!) .
  • The case involved a mortgage of lands in 1923, where the son of the mortgagor (Vernon Seth Chotia) executed a Power of Attorney (PoA) in California in 1961 authorizing an advocate (Sardar Kartar Singh Chawla) to sell the property and execute a sale deed (!) (!) .
  • The initial 1961 PoA was defective because it was only witnessed by a non-notary and lacked the authentication required by Section 33 of the Indian Registration Act for documents executed by persons residing abroad (!) .
  • A second PoA was executed in March 1964 before a Notary Public in California, which expressly ratified the earlier act and authorized the advocate to execute the deed and present it for registration (!) (!) (!) (!) .
  • The Court held that the second PoA, being a valid ratification, related back to the date of the original act, thereby curing the initial defect and validating the sale deed and registration (!) (!) (!) .
  • The Court relied on Section 85 of the Indian Evidence Act to presume the due execution and authentication of the document authenticated by a Notary Public (!) (!) .
  • The Court noted that the Appellants failed to join the son of the original mortgagor (Vernon Seth Chotia) as a party to the suit, which was a procedural error as he was a proper party whose ratification could have been sought (!) .
  • The suit was deemed unmeritorious as the mortgagees attempted to retain property by raising technical objections years after the mortgage, despite the property appreciating in value (!) .
  • The suit was also defective because the Appellants did not seek specific reliefs (cancellation of Collector's order or injunction) required under Section 42 of the Specific Relief Act to obtain a declaration (!) .
  • The appeal was dismissed with costs, as the High Court had erred in not awarding costs to the successful party (the respondents) (!) (!) .

Judgment

HIDAYATULLAH, C.J.I. : This is an appeal against the judgment of a learned single Judge of the High Court of Punjab dated December 14, 1966 confirming the dismissal of a suit filed by the appellants. The facts of the case are as follows:

One Bhag Singh mortgaged certain lands to Ran Jang Singh in the year 1923. On September, 6, 1961 one Vernon Seth Chotia, son of Bhag Singh executed a power of attorney in California, U.S.A authorising Sardar Kartar Singh Chawla, an advocate of this Court, to sell the property and to execute the sale deed and present it for registration. This Power of attorney was witnessed by one Daniel E. Cooper. On the strength of this document, Sardar Kartar Singh Chawla executed the sale deed on May 30, 1963 in favour of the respondents in this appeal. He presented it for registration and the document was registered. The vendees thereupon sought to redeem the mortgage and applied under S. 9 of the Punjab Redemption of Mortgages Act, 1913. They deposited the entire amount due under the mortgage in the Collector s court and we understand that the amount is still lying there, because of the later proceedings from which this appeal arises. The Collector orde






















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