T.v.Mylsamy v. Pushpavalli
Case brief
What is this about?
Appeal against dismissal of suit for partition. Plaintiff, a subsequent purchaser, challenged a prior sale by executors via a POA later cancelled. The High Court held the prior sale to the seventh defendant was valid, defeating the appellant’s claim.
What did the court decide?
The appeal suit filed by the appellant is dismissed. No order as to costs.
What the court decided
Issues for consideration
3 issues framed by the court
Whether the plaintiff is entitled to declare himself as a bonafide purchaser against the seventh defendant who purchased through a power of attorney later cancelled by the principals?
Whether the sale deed executed in favour of the seventh defendant is valid despite the cancellation of the power of attorney by the principals before the plaintiff’s purchase?
Whether the appellant is entitled to partition of 4/6 share in the suit property considering the prior valid sale to the seventh defendant?
Parties & counsel
- appellant
T.V.Mylsamy
- respondent
Pushpavalli
- respondent
C.Balakrishnan
- respondent
Bhagavathi
- respondent
Subramani
- respondent
Case details
As recorded by the court registry
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