Power of Attorney was given power to sell some of land but sale deed was executed in respect of entire land - Held,alienation of property made in excess of power to transfer would be, to extent of excess of power,invalid

Citation

AIROnline 2022 Chh 854

Chhattisgarh High Court

GOUTAM BHADURI , J. and SANJAY S. AGRAWAL , J.

FA - 436 of 2019 D/- 22 - 3 - 2022

Dr. Surjit Behl v. Smt. aspal Kaur Bhatia

(A)Specific Relief Act (47 of 1963), S.31, S.32 - Sale deed - Cancellation - Power of Attorney was given power to sell some of land but sale deed was executed in respect of entire land - Held,

alienation of property made in excess of power to transfer would be, to extent of excess of power,

invalid - Cancellation of part of sale deed in excess of some of land, justified. Powers of Attorney

Act (7 of 1882), S.2 -

 (Paras 27 , 28 , 29) 

(B)Specific Relief Act (47 of 1963), S.31 - Sale deed - Cancellation - For want of sale

consideration, sale deed cannot be cancelled.

 (Para 23) 

(C)Constitution of India, Art.141 - Precedents - In case of conflict between two decisions of

Apex Court Benches comprising of equal number of Judges, decision of earlier bench is binding

unless explained by latter bench of equal strength in which case later decision is binding.

 (Para 21)