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1 - 10 of 13 (0.29 seconds)Asset Reconstruction Company (India) ... vs S.P. Velayutham on 4 May, 2022
21. However, the facts obtaining in the present case
stand on a distinctly different footing and are not
analogous to those considered either by the Hon'ble Apex
Court in Asset Reconstruction Company (India)
Limited vs. S.P. Velayutham and others (supra) or by
the Division Bench of the Madras High Court in S.P.
Vairavan vs. The Sub-Registrar (supra). In the case
on hand, the impugned sale deed is not an isolated
transaction, but is preceded by an Agreement of Sale
dated 07.01.2008 coupled with a General Power of
Attorney of even date, which, when read conjointly, prima
facie indicate that the agency created thereunder is one
coupled with interest, particularly in light of the admitted
position that a substantial consideration of ₹29,00,000/-
has been paid by respondent Nos.5 and 6 to the
petitioner. The petitioner, despite being recipients of such
consideration, has neither questioned the said foundational
documents nor sought cancellation in a manner known to
law.
Section 32 in The Registration Act, 1908 [Entire Act]
P.Kathiravan vs The Joint I Sub Registrar on 9 March, 2023
21. However, the facts obtaining in the present case
stand on a distinctly different footing and are not
analogous to those considered either by the Hon'ble Apex
Court in Asset Reconstruction Company (India)
Limited vs. S.P. Velayutham and others (supra) or by
the Division Bench of the Madras High Court in S.P.
Vairavan vs. The Sub-Registrar (supra). In the case
on hand, the impugned sale deed is not an isolated
transaction, but is preceded by an Agreement of Sale
dated 07.01.2008 coupled with a General Power of
Attorney of even date, which, when read conjointly, prima
facie indicate that the agency created thereunder is one
coupled with interest, particularly in light of the admitted
position that a substantial consideration of ₹29,00,000/-
has been paid by respondent Nos.5 and 6 to the
petitioner. The petitioner, despite being recipients of such
consideration, has neither questioned the said foundational
documents nor sought cancellation in a manner known to
law.