M. PIRAVI PERUMAL (Advocate & Consumer Rights) 28 May 2009
One Mr. X got a registered power deed executed in his favour from a land owner (instead of sale deed as he intends to sell the same to another person) and paid the entire sale consideration and had obtained a receipt from the land owner. The land owner has cancelled the power deed without the knowledge of Mr. X and inspite of receiving the entire sale consideration.
Now what Mr. X to do ? Mr. X want the land. Kindly advise
Prakash Yedhula (Lawyer) 28 May 2009
1) S. 202 of the Contract Act lays down the rule that ‘authority coupled with interest is irrevocable’.
(2) S. 202 of the Contract Act states that "where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest."
(3) To make the authority irrevocable, the agent must have an interest in the property which forms the subject matter of the agency. Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of any express contract, be terminated to the prejudice of such interest.
Hence the unilateral terminiation of POA can be questioned by the agent.
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