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2023 Supreme(SC) 20

M. R. SHAH, B. V. NAGARATHNA
Manik Majumder – Appellant
Versus
Dipak Kumar Saha (Dead) through Lrs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rajan K. Chourasia, AOR Mr. Pijush Kanti Roy, Adv. Mrs. Kakali Roy, Adv. Mr. Dinesh Kumar Bhati, Adv. Mr. Uday Prakash Yadav, Adv.
For the Respondent(s): Mr. Hrishikesh Baruah, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. A declaratory suit requires the plaintiffs to prove their title through the execution of sale deeds, including the actual execution of the sale deeds themselves. The defendants are not obligated to challenge the sale deeds in such suits, which are primarily aimed at establishing the plaintiffs' title (!) .

  2. A registered document is presumed to carry authority, including the authority of the person executing it, by virtue of its registration. This presumption, however, can be rebutted by strong evidence demonstrating non-compliance with statutory requirements or forgery (!) .

  3. In cases involving sale deeds executed through power of attorney, the execution must comply with specific statutory provisions, particularly those outlined in the Registration Act. If the power of attorney was executed outside India and not authenticated according to the prescribed procedures, the statutory presumption of validity does not automatically arise (!) (!) .

  4. The burden of proving the genuineness and proper execution of the sale deed and the power of attorney rests on the plaintiffs. Failure to produce the original power of attorney or evidence of its proper execution weakens the case for the plaintiffs (!) (!) .

  5. The statutory provisions require that, when a power of attorney is executed outside India, it must be authenticated by a notary public, court, or relevant authority, as specified in the Registration Act. Non-compliance with these provisions invalidates the presumption of proper execution (!) (!) .

  6. The endorsement made by the registering authority on a sale deed serves as prima facie evidence of the authority of the person executing the deed. This endorsement, when properly made, creates a presumption of validity, which can only be rebutted by strong evidence to the contrary (!) (!) .

  7. Conduct of the parties, such as executing subsequent sale deeds in their own names or seeking amendments to pleadings based on new facts, can cast doubts on the genuineness of the original documents and the authority of the parties involved (!) (!) .

  8. The courts below had concurrently found that the sale deeds lacked proper proof of execution, especially the absence of the power of attorney, which is essential for establishing the plaintiffs’ title. The higher courts erred in setting aside these findings based solely on the presumption of registration (!) (!) (!) .

  9. The original owner’s non-dispute of the execution of the power of attorney and the endorsement by the registering authority serve as significant indicators of the validity of the sale deeds. The failure of the defendants to rebut this presumption was a critical factor (!) (!) .

  10. The legal framework and principles establish that the registration process, including endorsements and the presumption of correctness, are strong indicators of the validity of the documents, provided the statutory requirements are met. Non-compliance or lack of evidence to support proper execution undermines the validity of such documents (!) (!) (!) .

  11. Ultimately, the courts' findings that the sale deeds were not properly proved due to non-production of the power of attorney and non-compliance with statutory procedures were justified. The higher courts' reversal based on presumptions was found to be legally erroneous (!) (!) (!) .

  12. The appeal by the defendants was allowed, the impugned judgment of the higher court was quashed, and the earlier decrees confirming the defendants' title were restored, emphasizing the importance of strict compliance with statutory procedures for executing and registering powers of attorney and sale deeds (!) (!) (!) .

Please let me know if you need further clarification or assistance.


JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.04.2018 passed by the High Court of Tripura at Agarthala in Regular Second Appeal No. 01/2005, by which the High Court has allowed the said appeal preferred by the original plaintiffs and has decreed the suit by quashing and setting aside the concurrent findings recorded by both the courts below, the original defendants have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

That one Braja Mohan Dey was the owner and in possession of ‘Schedule A’ property. He was alleged to have taken a loan of Rs. 10,000/-from his tenant, namely, Dhirendra Chandra Saha, original plaintiff No.2. The original owner, Braja Mohan Dey went to East Pakistan. It was alleged that he had executed a Power of Attorney (PoA) in East Pakistan, ostensibly in favour of original plaintiff No.2 to enable repayment of the alleged loan amount by sale of the subject land to himself (original plaintiff No.2) as his PoA holder. That original plaintiff No.2, on the basis of the alleged loan amount and PoA alleged to have been executed by the original owner, executed i


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