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april 2009

Supreme Court of India · 2009-04-15

Sumesh Singh vs Phoolan Devi & Ors

Citation / case number
AIR 2009 SUPREME COURT 2831
Court
Supreme Court of India
Petitioner
Sumesh Singh
Respondent
Phoolan Devi & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed the validity of a Power of Attorney executed by the original plaintiff in favor of the 8th respondent, who subsequently sold the property to the original defendant No.1. The Court held that the Power of Attorney was obtained through fraud and misrepresentation, thus rendering the sale deed void. The Court upheld the lower court's decision to allow the amendment of the written statement, emphasizing the need to protect the rights of the original plaintiff under Section 17 of the Registration Act, 1908, and Section 53 of the Transfer of Property Act, 1882.

Sumesh Singh vs Phoolan Devi & Ors · Niyam