SRI SRI SRI KISHORE CHANDRA SINGH DEO versus BABU GANESH PRASAD BHAGAT AND OTHERS.

SRI SRI SRI KISHORE CHANDRA SINGH DEO versus BABU GANESH PRASAD BHAGAT AND OTHERS.

Authentication of the power-of-attorney executed at temporary residence complied with Section 33 of the Indian Registration Act, 1908; procedural irregularities in presentation for authentication do not affect validity so long as statutory requirements are met; registration of the mortgage deed was valid and binding on the parties.

Parties
Appellant: Sri Sri Sri Kishore Chandra Singh Deo; Respondents: Babu Ganesh Prasad Bhagat and Others
Jurisdiction
India
Judgment Date
09 March 1954
Procedural Posture
Civil Appeals / Appeal From the Judgment and Decree Dated 22nd December, 1942 of the High Court of Judicature at Patna Arising Out of the Judgment and Decree Dated 23rd November, 1936 of the Court of the Subordinate Judge of Berhampore in Original Suit No. 11 of 1935
Outcome
Appeals dismissed
Legal Topics
Registration of Documents, Power of Attorney, Authentication, Mortgage, Impartible Estates
Property Law Registration of Documents Power of Attorney Authentication Mortgage Impartible Estates

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Parties

Sri Sri Sri Kishore Chandra Singh Deo

Appellant

Babu Ganesh Prasad Bhagat and Others

Respondents

Procedural Posture

Civil Appeals / Appeal From the Judgment and Decree Dated 22nd December, 1942 of the High Court of Judicature at Patna Arising Out of the Judgment and Decree Dated 23rd November, 1936 of the Court of the Subordinate Judge of Berhampore in Original Suit No. 11 of 1935

Legal Issues

  1. 1 Whether the mortgage deed was supported by consideration and duly attested and registered according to law
  2. 2 Whether registration and authentication of the power-of-attorney and mortgage were valid under the Indian Registration Act, 1908

Ratio Decidendi

Authentication of the power-of-attorney executed at temporary residence complied with Section 33 of the Indian Registration Act, 1908; procedural irregularities in presentation for authentication do not affect validity so long as statutory requirements are met; registration of the mortgage deed was valid and binding on the parties.

Court Disposition

Appeals dismissed

Orders

  • Each party bears its own costs in this Court.
  • Question of mortgage binding on estate left open for appropriate proceedings.