Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 100--Appointment of General power of attorney for management of land--Revocation deed--Oral sale mutation by general attorney in favour of his sons--Mutation deed was annulled by A.C/Collector--Appeal--Dismissed by Additional Commissioner--Suit for specific performance on basis of oral sale deed--Decreed--Appeal--Allowed--Appellate Jurisdiction--Concurrent findings--As per opening contents of Power of Attorney it was executed for management of land, no doubt, that it also contained a clause therein that agent was authorized to dispose of land, but under law agent was required to act for gain of principal and if agent intended to derive benefit for his own or his kith and kin, he should have informed his principal prior to entering into any such transaction--Any furtive surreptitious transaction would not be binding upon Principal nor it could be protected under law--General Power of Attorney itself was neither a document for transfer of property as well as a conveyance deed nor it was agreement to sell property, rather it was a document for constitution of agency and as per settled principle of law neither agent himself could claim his ownership rights in suit land of his Principal merely on basis of agency document nor for his own kith and kins--Stamp Paper was not purchased for plaintiffs, whereas, signatures of person on whose behalf it was issued were also not procured--Neither Stamp Vendor, who issued it was examined, nor his relevant Register which as per practice was to be consigned to Record Room was summoned--Petition Writer, who scribed it besides his Register was also withheld--They could be best persons/record to belie allegation of lady that it was an antedated, fabricated and collusive document grafted after execution of Revocation Deed (Exh. D1)--It is correct that normally this Court does not interfere in concurrent findings of fact recorded by two Courts below, but when there is gross misreading and non-reading of evidence and patent violation of law, floating on surface of such concurrent findings, this Court cannot shut its eyes and is always under…

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