NDLI: Manik Majumder and Others Vs. Dipak Kumar Saha (dead) Through Lrs. & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Execution of sale deed Registration Act 1908 on the strength of a deed of Power of Attorney 33 and 60 ss. 32
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Registration Act, 1908 (16 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Matter Referred to Larger Bench
Headnote	Registration Act, 1908 – ss. 32, 33 and 60 – Execution of sale deed on the strength of a deed of Power of Attorney – Non-production of the deed of power of attorney – Effect of, to the case of plaintiff in the suit – Power of attorney (PoA) executed outside India – Presumption as to correctness of the PoA – On facts, PoA allegedly executed in East Pakistan by the original owner in favour of respondent No. 2 – Respondent No. 2 thereafter executed two sale deeds transferring the suit property firstly in his own favour and then in favour of his wife – Respondents then filed suit for declaration of title over the subject land and recovery of khas possession from the appellants – Respondent no. 2 claimed his ownership on the basis of sale deed executed by the respondent no. 1 in his own favour on the basis of PoA executed by the original owner, however, the same PoA not produced before the trial court – Appellant’s case that they are the owner of the part of the suit property and have been in possession for more than 40 years – Trial court dismissed the suit since no right, title or interest was established in favour of respondent No.2 for want of PoA for proper execution of the sale deed in his favour; and that the provisions of s. 33(1)(c) not complied with – First appellate court upheld the same – However, the High Court allowed the Second Appeal by drawing presumption u/s. 60 in respect of PoA by virtue of endorsement – High Court directed the appellants to handover the vacant possession of the suit land to the respondent – On appeal, held: In view of the difference of opinion, the matter referred to the larger bench – Reference to larger Bench – Power of attorney.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 34
Petitioner	Manik Majumder And Others
Respondent	Dipak Kumar Saha (dead) Through Lrs. & Others
SCR	[2023] 4 S.C.R. 140
Judgement Date	2023-01-13
Case Number	2965

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