Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Power of attorney -- Possession of an agent under a deed of Power of Attorney is also the possession of Principal - Unauthorised sale by agent does not tantamount to Principal parting with possession...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Executed by power of attorney holder - Plea that principal was dead at the time of execution of sale deed - Plea rejected, as it is the case of defendants themselves that after becoming aware about plaintiff having purchased suit property, one of them approached principal, who denied to have authorized power of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Registration Act, 1908, Section 17, 18, Power of Attorney Act, 1882, Section 4 -- Power of attorney - Unregistered - Execution of sale deed by unregistered power of attorney holder - There is no hurdle that unregistered power of attorney holder cannot execute sale deed unless and until there is a case of fraud established against the executor and if no allegation of fraud..........
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..........
