Legal status of case.
s.loganathan
(Querist) 27 August 2010
This query is : Resolved
B obtains a power of attorney from A(80 year old man) to sell his property in whole or in part.
B sells the property in parts and manipulates accounts to A. A cancells the power of attorney after giving legal notice.
A gives POA to C for the remaining.
B serves notice to A & C on account of subsisting contract with A and files a case in court for specific performance.
Case gets expartite decreed on non-appearance of counsel for A & C.
Exparte set aside and trial begins with proof of forged document by C. 340 application allowed and numbered.
B without disclosing an earlier POA obtained clandestantly from the illiterate A, obtained even before the latter POA, uses this POA to register the remaining property to his wife's name. What is the status of the trial?
Counsel for defendants have moved the court for rejection of plaint, as the plaintiff himself had exercised the relief prayed in his prayer. The registration is viewed as illegal as it would be subjected to the laws governing lis pendence. Are these contentions right? It has been 6 months since rejection of plaint filed. Is there any relief that can be approached in a higher forum?
s.subramanian
(Expert) 27 August 2010
What B has done is absolutely illegal. The sale deed registered by him in the name of his wife is illegal,void and unenforceable. You can urge it before the court in the suit filed by B. You cannot approach the higher forum at present execpting for getting a direction for early disposal of your petition to reject the plaint.
Uma parameswaran
(Expert) 27 August 2010
Defendants contention is right. you can approach Higher Forum for immediate disposal of the suit
s.loganathan
(Querist) 19 September 2010
Sorry for the lapsed interaction, but there is another question of law in this matter. A through his power of attorney C had executed a sale deed in favor of D during the pending period. Would the title of D be hit by lis pendense? A did not initiate the case, and the outcome is in his favor.
