Law:

Section:

Contract Act (IX of 1872)--- ----S. 188---Sale through general power of attorney---Validity---Sale of land in dispute by vendor on strength of registered power of attorney duly executed by original owner of land in dispute in favour of attorney/vendor had been challenged by original owner alleging that he had not conferred power of sale of land in the registered power of attorney executed by him in favour of attorney/vendor and that insertion of term `sale' was manipulated by attorney in collusion with deed-writer of power of attorney---Original owner had further contended that he had revoked power of attorney executed by him in favour of attorney---Execution of power of attorney was admitted by original owner wherein alongwith power of sale, power of gift, exchange, Tamleek and mortgage of land (in dispute) were conferred on attorney by original owner--­Original owner had admitted in his cross-examination that till revocation of general power of attorney in favour of vendor/attorney, he was his general attorney---Original owner had failed to prove that term "sale" was inserted in power of attorney later on with collusion of writer of deed of power of attorney---Even in revocation deed which was executed subsequent to sale transaction no statement about unauthorised insertion of word "sale" in registered power of attorney in favour of attorney was made by original owner---Held, that term `sale' was not unauthorisedly entered subsequently in registered power of attorney by attorney in collusion with Deed-writer as alleged by original owner in circumstances---On fair construction of record, it was clear that original owner, apart from giving other powers, had also authorised his attorney for making sale of land in dispute---Sale in circumstances was competently made by attorney/vendor on basis of general power of attorney duly executed by the owner in his favour---No evidence was available on record that vendee of land in dispute from vendor/attorney who had bona fide purchased land through general power of attorney, was in any manner privy to any alleged defect in general power of attorney in favour of. attorney ---Vendee being bona fide purchaser of land in…

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