![]() Therefore, it does not confer any absolute title upon the Respondent over the Suit Property, in view of Section 54 of the Transfer of Property Act, 1882. ![]() The Bench noted that an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Subsequently, the Appellant filed an appeal before the Supreme Court. The Appellant filed a first appeal and thereafter a second appeal before the High Court and both were decided in favour of the Respondent. The Trial Court held that there was no manipulation of documents and thus the Respondent is entitled to decree for eviction and recovery of mesne profits. The Appellant did not dispute the execution of such documents or receipt of sale consideration by him. However, there was no evidence to that effect. The Appellant argued that the documents cited by the Respondent have been manipulated on blank papers. The Respondent claimed his ownership on the Suit Property on the strength of the Agreement to Sell dated, General Power of Attorney, memo of possession, receipt of payment of sale consideration and a will dated. The Respondent filed a suit against the Appellant seeking the latter’s eviction from the Suit Property and recovery of mesne profits. After expiry of 3 months period, the Appellant did not vacate the Property. The Respondent permitted the Appellant to occupy a portion of the Suit Property for 3 months as a licencee. The possession of the Suit Property was handed over to the Respondent, however, no sale deed was executed. The Appellant further executed a General Power of Attorney in favour of the Respondent. On the same day, the Appellant executed a will bequeathing the Suit Property to the Respondent. Yogendra Rathi (“Respondent”) for sale of Suit Property and received the entire sale consideration from the Respondent. ![]() He entered into an Agreement to Sell dated with Mr. Ghanshyam (“Appellant”) was the owner of a property situated in Delhi (“Suit Property”). Any such practice or tradition prevalent would not override the specific provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value”. “In connection with the general power of attorney and the will so executed, the practice, if any, prevalent in any State or the High Court recognizing these documents to be documents of title or documents conferring right in any immovable property is in violation of the statutory law. The Bench comprising of Justice Dipankar Datta and Justice Pankaj Mithal, while adjudicating the appeal Ghanshyam v Yogendra Rathi, has held as under: It has been further held that the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless. The Supreme Court has held that a Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property.
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