NDLI: Amar Nath (dead) Through L.r. Vs. Gian Chand and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Deeds and Documents – Power of attorney – When not cancelled –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Deeds and Documents – Power of attorney – When not cancelled – Plaintiff entered into an oral agreement for the sale of his property for Rs. 55,000/- with the first defendant – It was plaintiff’s case that the first defendant couldn’t arrange the money and asked for further time – Plaintiff bonafide executed a special power of attorney dtd. 28.01.87 in favour of the second defendant for selling the property for Rs. 55,000/- – As per the plaintiff, as the negotiation fell through in view of the first defendant not being able to arrange the money, the second defendant surrendered the original power of attorney to the plaintiff on 02.02.87 – However, as per plaintiff, the second defendant applied for the copy of the power of attorney, and fraudulently in collusion with the first defendant executed the sale deed on 28.04.87 for Rs.30,000/- – Plaintiff filed suit inter alia for declaration by way of permanent injunction that he is the owner in possession of the property and the mutation showing the sale in favour of the first defendant by the second defendant was null and void – Trial Court declined the relief of declaration by way of permanent injunction – Appellate Court found that the case of the plaintiff that the power of attorney was cancelled was unsustainable and that there was a valid sale deed and endorsement – High Court set aside the findings of the courts below and decreed the suit by declaring the plaintiff as the owner in possession of the land and mutation showing the sale in favour of the first defendant was declared null and void – On appeal, held: The production of original power of attorney before the Registering Authority was unnecessary for effecting registration of the sale deed – Further, the plaintiff admitted that he did not get the power of attorney cancelled at the Sub-Registrar Office – Even, more importantly, he admitted to not having sent any notice of cancellation – The only evidence consists of a statement of plaintiff that the first defendant was aware of the cancellation and the statement of PW6, who had said that the first defendant was also there on 02.02.87, when on two papers a line was drawn to signify the cancellation – Furthermore, the Trial Court and also the appellate court relied upon the DX (letter dated 02.06.87) sent by the plaintiff himself, which appears to undermine the evidence about the cancellation on 02.02.1987 – High Court should not have, at any rate, disturbed the said finding in a Second Appeal – The case of the plaintiff that power of attorney stood cancelled, in the manner done on 02.02.1987 cannot be accepted – First defendant, who is the third party, could not be attributed any knowledge of the surrender or the alleged cancellation on 02.02.1987 – Impugned Judgment set aside – Contract Act, 1872 – ss. 201, 202, 207, 208 – Registration Act, 1908 – ss. 18, 18 A, 32-35.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2022 INSC 106
Petitioner	Amar Nath (dead) Through L.r.
Respondent	Gian Chand And Ors.
SCR	[2022] 19 S.C.R. 281
Judgement Date	2022-01-28
Case Number	5797

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Amar Nath (dead) Through L.r. Vs. Gian Chand and Ors.

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