Supreme Court of India · 2009-04-15
SUMESH SINGH vs PHOOLAN DEVI .
- Citation / case number
- SC 2007/37266
- Court
- Supreme Court of India
- Petitioner
- SUMESH SINGH
- Respondent
- PHOOLAN DEVI .
- Author
- S.B. Sinha
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, which was contested on grounds of fraud and misrepresentation. The Court held that the deed of sale executed under the purported Power of Attorney was invalid due to the lack of consent from the original plaintiff, who was found to be incapable of executing such a document due to old age and illiteracy. The judgment of the High Court dismissing the revision application was set aside, and the suit for declaration was allowed, reaffirming the principles of agency and the necessity of genuine consent in property transactions.