Case Note & Summary
The appellant, Thankamma George, and respondent No. 1, Lilly Thomas, are sisters who jointly purchased a property in 1991. The appellant, working abroad, executed a Power of Attorney in 2003 in favor of respondent No. 1 to manage the property. In 2008, both sisters jointly sold a portion of the property to a third party. Subsequently, respondent No. 1, purporting to act under the Power of Attorney, sold the remaining property to her husband, respondent No. 2, without the appellant's knowledge or consent. The appellant filed a suit in 2011 seeking a declaration that she is the sole owner of her half share, that the sale deed in favor of respondent No. 2 is void, and for recovery of possession. The trial court decreed the suit in part, declaring the appellant's half share and ordering partition by metes and bounds, but dismissed the claim for setting aside the sale deed as void. The respondents appealed to the High Court. The High Court held that the Power of Attorney was impliedly revoked when the appellant joined in the execution of the prior sale deed, and thus the subsequent sale by respondent No. 1 was void as to the appellant's share. The court also found that the suit was within limitation as the appellant gained knowledge of the sale only in 2009. The High Court upheld the trial court's decree, confirming the appellant's entitlement to half share and separate possession.
Headnote
A) Agency - Implied Revocation of Power of Attorney - When principal joins in execution of a sale deed of part of the property, the agency granted earlier is impliedly revoked, and any subsequent sale by the agent without fresh authority is void as against the principal. (Paras 1-2, 7-8) B) Limitation - Suit for Declaration and Recovery of Possession - Article 58 of Limitation Act, 1963 - Suit filed within three years from the date of knowledge of the void sale is within limitation. (Para 9) C) Property Law - Co-ownership - Partition - A co-owner is entitled to separate possession of her share by metes and bounds when the other co-owner transfers the entire property without authority. (Paras 10-11)
Issue of Consideration
Whether the sale deed executed by the agent after the principal joined in a prior sale, thereby impliedly revoking the agency, is void ab initio insofar as it pertains to the principal's share; and whether the suit for declaration and recovery of possession is within limitation.
Final Decision
The High Court dismissed the appeal and upheld the trial court's decree, confirming the appellant's entitlement to half share in the suit property and ordering partition by metes and bounds.
Law Points
- Power of Attorney
- Agency
- Implied Revocation
- Void Sale
- Limitation
- Co-ownership
- Partition
- Declaration of Title
- Recovery of Possession
