SHANKAR GOPINATH APTE vs GANGABAI HARIHARRAO PATWARDHAN

The Supreme Court addressed the applicability of Section 53A of the Transfer of Property Act, 1882, in the context of a power of attorney executed by the respondent in favor of the appellant. The Court held that the appellant's claim of being a tenant was not valid, and the power of attorney was not a sham but a legitimate document. The Court affirmed the lower court's decision to grant possession of the lands to the respondent and directed the appellant to pay the due amount, thereby establishing that possession cannot be claimed under a power of attorney if the agreement is not substantiated by valid tenancy rights.