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1 - 10 of 13 (0.30 seconds)Asset Reconstruction Company (India) ... vs S.P. Velayutham on 4 May, 2022
21. However, the facts 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 22.06.2007
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 ₹35,00,000/- 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 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 22.06.2007
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 ₹35,00,000/- 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.