AIROnline 2001 SC 111 ::(2001) WLC (SC)Civil 547 ::(2002) 2 Raj LW 234 ::(2001) 4 Rec Civ R 739 ::2002 HRR 220 ::2001 (4) ICC 590 ::(2001) 3 All WC 2030 ::(2001) 44 All LR 397 ::2002 (1) Pun LR 281 ::(2001) 5 JT 250

Supreme Court Of India

Hon'ble Judge(s): V. N. Khare, S. N. Variava , JJ

(A) Civil P.C. (5 of 1908) , S.100— Second appeal - Substantial question of law - Interpretation of document/power of attorney constitutes substantial question of law. (B) Powers of Attorney Act (7 of 1882) , S.3— Contract Act (9 of 1872) , S.25— Suit for declaration that sale deed executed by power of attorney holder is void - Also alleged that sale deed was obtained fraudulently and on no consideration - Power of attorney holder postulated that it is only in the event of necessity the power of attorney holder would alienate the property - No such necessity stated either in written statement or in evidence before trial Court -Sale deed executed by power of Attorney holder in favour of her daughter is illegal - Power of attorney holder in her statement before Trial Court denied having received any consideration money - Father-in-law of daughter who had gone to sub-Registrar's office at purchaser time of execution to sale deed, not examined - No recital in sale deed that consideration money was paid to Power of Attorney holder - No legal, evidence to show that consideration money was paid for execution of sale deed - Sale deed, is void. (Para 4 5 6) .....