2022 YLR 2399

Suit for specific performance was filed by the appellant alleging that he purchased the land owned by the respondent through other respondent being the attorney / agent of respondent ; that the appellant had paid amount of Rs.75,000,000 / -to respondent through delivered to the appellant but the sale deed was not executed in his favour — crossed cheques ; that possession was Ex parte proceedings were initiated by the Trial Court and the petitioner’s suit was concurrently dismissed — Validity — Record showed that neither the details of the power of attorney issued by one respondent to another were given in the plaint / agreement to sell , nor the same was made available to the original Court so that it could examine the same — No explanation was made for such omission — Power of attorney was a compulsorily registerable document but the perusal of the exhibited document indicated that the same was not registered — Plaintiff had failed to establish the privity of respondent with the agreement.