D NEELA Vs. K V KUMAR
LAWS(MAD)-2019-2-82
HIGH COURT OF MADRAS (AT: STATE)
Decided on February 25,2019

D Neela Appellant
VERSUS
K V Kumar Respondents

JUDGEMENT

T. Ravindran, J. - (1.) Challenge in this second appeal is made to the Judgement and Decree dated 28.02.2005 passed in A.S.No.68 of 2003 on the file of the Subordinate Court, Kancheepuram, confirming the judgment and decree dated 25.03.2003 passed in O.S.No.343 of 1997 on the file of the Principal District Munsif Court, Kancheepuram.
(2.) The second appeal has been admitted on the following substantial questions of law: "a).Whether the revocation of power of attorney made against the agent and the knowledge about the revocation of the same shall not be presumed from the compelling circumstances and subsequent acts of the agent and the sale transactions entered into by the agent subsequent to the knowledge of revocation is void or not? b).Whether the acts of the agent in violation of the condition stipulated in power of Attorney will render the sale transactions entered into by the agent is sham and nominal and not binding on the principal? c).Whether the act of the agent utilising the sale consideration at his whims and fancies without any authority or the prior consent of the principal will render the transactions entered into by him invalid or not?"
(3.) Considering the scope of the issues involved in the second appeal between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.;


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