Varun M 11 December 2020

Cpc and specific relief act

A is the Original Lessee of a Property ["said Property"].
A gives an Unregistered Power of Attorney to B with respect to the said Property.
Sometime later, A revokes / cancels the Unregistered Power of Attorney with written consent of B.
Thereafter, despite the Power of Attorney being revoked / cancelled, B uses the Unregistered Power of Attorney and registers a Deed of Assignment transferring A's said Property in his own name - depicting himself as both the Transferor as well as the Transferee.
A files a Suit under Section 31 of the Specific Relief Act for cancellation of the said Deed.
Can A "assign" the said Property pendente lite?

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5 Replies

P. Venu (Advocate) 12 December 2020

Admittedly, the transaction in invalid? When 'A' is on a sure footing, why unnecessary haste?

SHIRISH PAWAR, 7738990900 (Advocate) 12 December 2020

Hello,

As per me, A can transfer property as there is no prohibitory order passed against him. However, this may lead to unnecessary multiplicity of proceedings and delay in proceedings. As per the case stated above A has a good case against B. So it is better he wait for the final judgment of the case.

Varun M 12 December 2020

Because A happens to be 80 years old. He can no longer wait to sell and he does not want to leave a litigated property as legacy.

He proposes to assign the said property and substitute the Assignee as the Plaintiff under Order 22 Rule 10 of CPC in the Suit for Cancellation of Deed under section 31 of the Specific Relief Act he filed previously.

Dr J C Vashista (Advocate) 13 December 2020

A is a lessee and neither titleholder nor landlord to sub-lease the property to B.

The PoA stated to have been executed by A in favour of B qua leasehold rights of the property is invalid, if it is endorsed in the terms and conditions of the "Lease Deed".