When a person is endeavouring to convey the sale deeds in respect of his properties though power of attorney deeds, the said person is deemed to be a party to such sale deeds and in such events, he ought to have filed a suit for cancellation of the said sale deeds and for the declaration that the impugned sale deeds are null and void and he ought to have paid court fee under Section 40 of the Tamil Nadu Court Fees and suits Valuation Act

Citation

2019-4-L.W. 166

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 25.06.2019 Pronounced On: 23.07.2019 A.S.No.687 of 2009 and M.P.Nos.1 and 2 of 2009

T.Ravindran, J.

K. Kalidass (deceased) & others ...Appellants

Vs.

P. Munusami & another ...Respondents

Prayer: First Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 19.09.2008 made in O.S. No.333 of 2007 on the file of the Additional District Court, Fast Track Court No.4, Bhavani.

Contract Act, Section 188, agent's authority, scope

Tamil Nadu Court Fees and suits Valuation Act, Section 40

Maxim/ Qui Per Alium Facit Per Seipsum Facere Videtur (he who does an act through another is deemed in law to do it himself)

Suit for declaration and possession plaintiff gave power to first defendant to manage and protect the suit properties First defendant alienated suit properties in favour of second defendant Para 10

Defendants have not exercised fraud, undue influence, misrepresentation or force or intimidation in securing documents Para 17

No proof that sale agreements and power of attorney deeds executed as security for loans obtained by him Para 20

First defendant duly empowered by plaintiff to sell suit properties and do

all such further acts as are necessary with reference to the same All the acts done by the first defendant as the power of attorney agent of plaintiff could only be construed as acts of plaintiff - Principles of non est factum for avoi- -ding power of attorney deed and sale deeds cannot be accepted Para 21

Issue is only between plaintiff and first defendant - second defendant is in no way connected with same and remedy of plaintiff as the principal is against his power of attorney agent, namely, the first defendant

Para 22