Sale deed executed by power of attorney after revocation of power of attorney - principal is not party to document - court fee need not to be paid under section 40.

C.R.P(PD)No.1956 of 2008

(A.Murugesan .vs. Satheesh Kumar and others), in which, para 10, reads as follows:

10.As far as the present case is concerned, the case of the revision Petitioner/Plaintiff is that he has been perforced to cancel the power of attorney deed executed by him on 12.10.1999 by means of cancellation deed and further that the first defendant after knowing about the cancellation of power in his favour has created a false document vis., a purported sale deed in regard to the suit properties in favour of the deceased second defendant on 15.10.1999 etc.Thus, it is clear that the revision Petitioner/Plaintiff is not a party to the sale deed in question and therefore, he is a stranger and not bound by the sale deed and in that view of the matter, he need not initiate action for cancellation of the document, in the considered opinion of this Court. Therefore, looking into the natture of relief sought for by the revion Petitioner/Plaintiff to the effect that he has only sought for a declaratory relief in regard to the title of the suit properties in his favour etc., this Court comes to the inevitable conclusion that the relief sought for is not coming within the four corners of Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and accordingly, the revision Petitioner/Plaintiff need not pay Court Fee under Section 40 of the Court Fees Act and resultantly, allows the civil revision Petition to prevent aberration of justice.