G. KALAWATHI BAI Vs. G. SHASHIKALA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals turn open the validity of the registered Irrevocable General Power of Attorney dtd. 15/10/1990 allegedly executed by Ranveer Singh and his wife, Gyanu Bai, in favour of G. Rajender Kumar, their tenant, and, in turn, the validity of the three registered sale deeds dtd. 16/11/1990, 18/7/1991 and 16/8/1991 respectively executed by G. Rajender Kumar, the power-of-attorney holder, in favour of his wife, G. Shashikala.

(3.) Ranveer Singh, in fact, denied the execution of this General Power of Attorney, by way of his written statement filed in the suit. In that context, the Trial Court framed an issue as to 'whether Ranveer Singh had appointed G. Rajender as his General Power of Attorney and whether the sale deeds executed by G. Rajender in favour of G.Shashikala as a General Power of Attorney were valid'. Thereafter, pursuant to the revisionary order passed by the High Court, the very admissibility of the General Power of Attorney dtd. 15/10/1990 and the three sale deeds executed by the power-of-attorney holder was called in question before the Trial Court and four additional issues were framed. One of the additional issues was whether the alleged General Power of Attorney dtd. 15/10/1990 was authenticated by the Registrar, as required under Ss. 32, 33, 34 and 35 of the Registration Act, 1908 (hereinafter, 'the Act'). Another additional issue was as to whether the Registrar had recognized G. Rajender Kumar, the alleged power-of-attorney holder, at the time of execution of the three sale deeds, as required under Sec. 34(3)(c) of the Act read with Rule 53 of the Rules framed thereunder.