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january 2017

Supreme Court of India · 2017-01-02

HARJAS RAI MAKHIJA (D) THR.LRS. vs PUSHPARANI JAIN

Citation / case number
SC 2012/14299
Court
Supreme Court of India
Petitioner
HARJAS RAI MAKHIJA (D) THR.LRS.
Respondent
PUSHPARANI JAIN
Author
MADAN B. LOKUR
Bench
ADARSH KUMAR GOEL MADAN B. LOKUR

Judgment text excerpt

The Supreme Court upheld the High Court's decision declaring the agreement for sale dated 16th October 1988 between Jinendra Jain and Harjas Rai Makhija as illegal, as Jinendra Jain lacked authority to sell the property on behalf of Pushparani Jain. The Court emphasized that the Power of Attorney executed by Pushparani did not authorize such a transaction, thus reinforcing the principle that authority must be explicitly granted for property transactions. The appeal by Makhija was dismissed, affirming the lower court's orders for recovery of possession and compensation to Pushparani.

HARJAS RAI MAKHIJA (D) THR.LRS. vs PUSHPARANI JAIN · Niyam