Deorao S/O Anandrao Pawar v. Dilip S/O Vasant Kukade
Case brief
What is this about?
Second appeal concerning a sale-deed allegedly executed without payment of full consideration, by fraud and misrepresentation, via an unregistered Power of Attorney without authority to sell. The court issued notice to respondents on framed substantial questions of law and listed the matter after four weeks.
What the court decided
1
63.sa.326.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
SECOND APPEAL NO.326 OF 2024
(Deorao s/o Anandrao Pawar Vs. Dilip s/o Vasant Kukade)
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Mr. V.S. Kukday, Advocate for the appellant.
CORAM:- URMILA JOSHI-PHALKE, J. DATED :- DECEMBER 19, 2024.
Heard.
- Issue notice to the respondents on the following substantial questions of law :
(i) Whether the sale-deed in question is void when the purchaser has not paid entire consideration to the vendor and it was executed by fraud and misrepresentation?
(ii) Whether the agreement of sale executed by Power of Attorney without any authority to sell and in absence of the registered Power of Attorney?
Issues for consideration
2 issues framed by the court
Whether a sale-deed is void when full consideration was not paid and it was executed by fraud and misrepresentation.
Whether a sale agreement executed by a Power of Attorney lacking authority to sell and unregistered is valid.
Parties & counsel
- appellant
Deorao s/o Anandrao Pawar
- respondent
Dilip s/o Vasant Kukade
Coram
Urmila Joshi-Phalke
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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