Specific Relief Act, 1963, Section 34, 38, Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 208 -- Execution of sale deed by power of attorney holder - Plea that power of attorney was cancelled - It is to be proved not only that power of attorney was cancelled but it was also intimated - It is not proved that cancellation of power of attorney was..........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Transfer of property in favour of major children - Wife of senior citizen on basis of forged Power of attorney (POA) transferred property of senior citizen in favour of their children - Properties in question are self acquired properties of senior citizen and he had exclusive..........
Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between parties is only relating to cancellation of power of attorney - Petitioners who are beneficiaries and have purchased the property through sale deed executed by power of attorney holder cannot be said to be necessary party without whom suit cannot be decided - However, for complete..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become very relevant for purpose..........
Power of Attorney Act, 1882, Section 2 -- General power of attorney (GPA) - Cancellation - Where proceedings in the case had been initiated before cancellation of GPA, subsequent cancellation of GPA would not have any effect on the proceedings...........
