Whether any unauthorized sale made by the agent will tantamount to the Principal parting with possession of immovable property?

 The reasoning given by the High Court for holding that the appellant ought to have challenged the alienations, is that the appellant was out of possession. Here again, the High Court failed to appreciate that the possession of an agent under a deed of Power of Attorney is also the possession of the Principal and that any unauthorized sale made by the agent will not tantamount to the Principal parting with possession. {Para 14}

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION 

Civil Appeal No. 2592 of 2022 

MRS. UMADEVI NAMBIAR Vs THAMARASSERI ROMAN CATHOLIC DIOCESE 

Coram: Hemant Gupta; V. Ramasubramanian, JJ.

Author: V. Ramasubramanian

Dated: APRIL 1, 2022 

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