K.A.MEERAN MOHIDEEN Vs. SHEIK AMJAD

JUDGEMENT

(1.) This appeal is before us on a reference made by a Hon'ble Single Judge of this Court by order dtd. 24/8/2011, wherein, the Hon'ble Single Judge had referred the following question to be answered by a Larger Bench:

(2.) The Hon'ble Judge felt compelled to reserve the question for consideration by a Division Bench since he felt that the law on the point is a little nebulous and it requires a clarification by a Larger Bench of this Court. The statutory provisions which relate to powers of attorney are found in the Indian Contract Act, 1872 and the Powers of Attorney Act, 1882. Chapter X of the Indian Contract Act, 1872, deals with Agency. While Ss. 182 to 189 deal with Agency, Ss. 190 to 195 deals with Sub-agents. Ss. 201 to 210 deal with termination of agency or revocation of authority. One of the circumstances in which the agency gets terminated is when the Principal dies. Sec. 201 of the Indian Contract Act, 1872, reads as follows:

(3.) If the statutory provisions namely, Ss. 201 to 210 do not deal with a situation where there are multiple Principals and one of them dies or becomes insane, we will have to necessarily fall back upon precedents to decide the said question. Since the appellant went un-represented, we had appointed Mr.Srinath Sridevan, learned Senior Counsel of this Court to assist us in answering the question that has been referred to us.