Power of Attorney -- Registration -- Registered document presumed genuine
(i) Power of Attorney Act, 1882, S.2 -- Power of Attorney -- Registration -- A power of attorney is presumed to be genuine if it is registered. (ii) Power of Attorney Act, 1882, S.2 -- Power of Attorney -- Proof of Due Execution -- Where the plaintiff proves that the power of attorney was duly executed by the defendant, its contents read over and explained to her before signing, and it was thereafter duly registered, the defendant cannot, in the absence of satisfactory contrary evidence, allege that it is a fabricated document. (iii) Contract Law -- Agreement to Sell -- Proof of Execution -- Where an agreement to sell bears the signatures of both parties, witnesses, and a family member, and evidence establishes payment of earnest money with balance consideration payable at the time of sale deed, execution of the agreement stands proved. (iv) H.P. Tenancy and Land Reforms Act, S.113 -- Agreement to Sell -- Executed Within Restricted Period Under Tenancy Law -- An agreement to sell land executed within the statutory period during which sale is barred following conferment of proprietary rights is forbidden by law and cannot be specifically enforced. (v) Specific Relief Act, 1963 -- Specific Performance -- Agreement Forbidden by Law -- Where an agreement to sell cannot be specifically enforced being forbidden by law, a decree for specific performance cannot be granted. The plaintiff is nonetheless entitled to refund of earnest money paid, along with interest at 6% per annum from the date of filing of suit till realisation.
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