Civil Procedure Code, 1908, Order 22, Rule 2 -- Punjab and Haryana High Court Rules and Orders, Volume V, Chapter 3, Part A, R.8 - Proviso - Appeal - Challenging decree of declaration on basis of adverse possession in favour of plaintiff - Cancellation of Power of Attorney by plaintiff - Plaintiffs intentionally found to be not appearing - Sufficient intimidation of notice..........
Contract Act, 1872, Section 208 -- GPA - Cancellation - Notice - There is no necessity of written notice of cancellation of general power of attorney by the principal to his attorney - However, there must be adequate evidence to establish the factum of notice verbally or written to the attorney and also to the subsequent vendees...........
Transfer of Property Act, 1882, Section 3, 41, Registration Act, 1908, Section 30, Contract Act, 1872, Section 208 -- Sale by GPA holder - Cancellation of GPA - Unless it is proved that vendees had notice of cancellation of power of attorney, it has no impact on validity of sale...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Relief sought as to cancellation of sale deed executed by attorney as also power of attorney which was executed by plaintiff - Court fee is payable ad valorem on sale consideration...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for specific performance of agreement to sell - Balance amount payable as per agreement not paid - Defendant No.1 pleaded forfeiture of advance and cancellation of agreement - Defendant No.1 transferred plot to defendants No.2 & 3 by way of power of attorney and Will etc. and defendants No.2 & 3 raised construction..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3) -- After payment of first instalment became due surrender of plot by general power of attorney of allottee - Cancellation of lease and forfeiture of 10% of total premium plus ground rent - Plea that general power of attorney not authorised to apply for surrender of plot - Not tenable as different clauses of..........
Constitution of India, 1950, Article 226 -- Laches - Unexplained delay of almost 5 years between date of cancellation of lease and filing of writ petition - Total silence for a period of 5 years makes petitioner's attempt to explain delay (inasmuch as petitioner has come to India after 5 years for completing formalities in connection with plot allotted having appointed his..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Entire consideration amount received - Power of attorneys executed in favour of the vendees to deal with the property in any manner whatsoever - Vendor left with no right, title or interest in the properties - Cancellation by defendant - Suit for declaration and permanent injunction praying for staying..........
Court Fees Act, 1870, Section 7(iv), Article 1 -- Sale deed executed by attorney - Suit for declaration to set aside sale alleging power of attorney a forged document - Court fee is payable ad-valorem on sale consideration - Where the suit is for cancellation of a document to which plaintiff is a party court fee is payable under Article I Schedule I and S.7(iv) is not..........
