Saroja v. Indirani
Case brief
What is this about?
Second Appeal dismissing plea that power of attorney was coupled with consideration. Court held power revoked by notice and sale deed not binding on plaintiff's share as no consideration proven.
What did the court decide?
Second Appeal dismissed; judgment and decree of A.S.No.60 of 2010 confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
1.Saroja
2.Mageswari 3.Revathy
4.R.Venkatesan
5.V.D.Gopalakrishnan
... Appellants/Respondents/Defendants
Vs.
Indirani ... Respondent/Appellant/Plaintiff
PRAYER: This Second Appeal has been filed under Section 100 of CPC against the judgment and decree passed in A.S.No.60 of 2010, on the file of the Sub Court, Kancheepuram, dated 28.04.2011, reversing the Judgment and Decree passed in O.S.No.359 of 2006, on the file of the District Munsif Court, Kancheepuram, dated 17.06.2010.
Issues for consideration
3 issues framed by the court
Whether a general power of attorney is irrevocable if the principal has received no consideration for the sale enabled thereby?
Whether notice issued by the plaintiff revoking the power of attorney has legal effect in absence of evidence of consideration?
Whether the lower appellate court committed an error in granting a decree of permanent injunction not restricting it to the plaintiff's share?
Parties & counsel
- appellant
Saroja
- appellant
Mageswari
- appellant
Revathy
- respondent
Indirani
Coram
Case details
As recorded by the court registry
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