Title: Muslimveetil Chalakkal Ahammed Haji v. Sakeena Beevi | Ratification of Power of Attorney Acts – Effect on Limitation
Subtitle: Supreme Court grants specific performance decree holding affidavit ratifying acts under power of attorney starts fresh limitation period – Defendant’s failure to enter witness box fatal
Excerpt: Supreme Court allows specific performance suit holding that where defendant executed affidavit expressly ratifying acts performed by power of attorney holder and conveying no-objection to transfer of property, limitation commences from date of such affidavit, not from earlier dates. Court held theory that unregistered power of attorney automatically revoked upon execution of registered POA untenable when defendant herself affirmed validity of agreement executed under unregistered POA. Defendant’s own conduct and subsequent ratification affidavit dated 30.04.2013 established fresh starting point for limitation. Suit instituted in 2013 held within limitation period. Readiness and willingness proved by payment of consideration and execution of partial sale deed by co-sharers. Defendant’s failure to enter witness box to dispute affidavit or prove revocation held fatal. High Court’s concurrent findings on limitation and readiness/willingness set aside as erroneous.
Tags: #Civil-Appeal-3894-2022, Muslimveetil–Chalakkal–Ahammed-Haji-v-Sakeena–Beevi, specific-performance-of-contract, ratification-of-power-of-attorney, limitation-for-specific-performance, Limitation-Act-Article-54, readiness-and-willingness, unregistered-power-of-attorney, registered-power-of-attorney, revocation-of-POA, affidavit-ratification, admission-in-pleadings, failure-to-enter-witness-box, evidentiary-value-of-admission, Specific-Relief-Act-1963, commencement-of-limitation, sale-deed-execution, co-sharers-property, Kerala-Education-Rules, school-property-transfer, sale-consideration-payment, agreement-for-sale, extension-of-agreement, Supreme-Court-of-India, Vikram-Nath, Sandeep-Mehta, contract-law, property-law, concurrent-findings-reversal