Suit instituted to declare cancellation of Power of Attorney coupled with interest as null and void - General Power of Attorney executed along with Agreement of Sale cannot be treated as Power of Attorney coupled with interest.

Citation 

2024 (2) СТС 312

IN THE HIGH COURT OF MADRAS

V. Lakshminarayanan, J.

S.A. No.405 of 2013

29.1.2024

M. Chinnathambi @ Mani.    .....Appellant

Vs.

Kannaiyan.           ....Respondent

Contract Act, 1872 (9 of 1872), Section 202 Power of Attorney coupled with interest - Power of Attorney - Cancellation of Power of Attorney Suit instituted to declare cancellation of Power of Attorney coupled with interest as null and void Plaintiff contended that Principal had executed Agreement of Sale and General Power of Attorney upon receipt of valuable consideration Test to determine - (i) It should be for valuable consideration, (ii) it should be for effectuating any security, (iii) to secure interest of Agent - Agreement of Sale cannot be treated as an instrument creating interest in Suit property in favour of Agent - Plea of Plaintiff that Power of Attorney was executed for consideration has been disproved by Defendant - General Power of Attorney executed along with Agreement of Sale cannot be treated as Power of Attorney coupled with interest