Mesne profits - suit for declaration of title and possession, recovery of possession of plaint A and B schedule properties in case the defendants are found in possession of the same, and for perpetual injunction - A relief of mandatory injunction has also been sought for, for directing the defendants to vacate the plaint B schedule property - HELD THAT:- Section 32(c) of the Registration Act, 1908 also deals with power of attorney. There also, it has been specifically stated that it should be a power of attorney executed and authenticated. When Ext. A2 was not executed and authenticated within the meaning of the said provision, that could not have been relied on for permitting the execution and registration of Ext. A3. Moreover, Ext. A2 cannot be said to be a document attested within the meaning of Section 3 of the Transfer of Property Act also.
This is a case wherein even though the plaintiff had agreed in cross-examination that she was ready to examine the executants through video conferencing, the said facility was ultimately not made available. The reason mentioned by the courts below for the same is that the Malaysian Government did not grant permission. The said version is one coming from the mouth of the plaintiff alone, that too, without any documentary evidence. There is absolutely nothing to show that permission was sought for from the Malaysian Government for the said facility and the said facility was denied by the Malaysian Government.
The suit is one for declaration of title and recovery of possession. When the reliefs of declaration and recovery of possession based on title have been sought for, the plaintiff has to stand on her own legs to prove that she has title. The weakness of the defence or the absence of title on the part of the defendants cannot be encashed by the plaintiff to prove the title of the plaintiff. From all the above, this Court is satisfied that both the courts below have gone wrong in decreeing the suit. The impugned judgment and decree passed by the lower appellate court as well as the trial court are liable to be set aside. The suit is only to be dismissed.
In the result, this Regular Second Appeal is allowed and the judgments and decrees passed by both the courts below are set aside. The suit is dismissed. In the nature of the RSA, there is no order as to costs. All pending interlocutory applications in this appeal are closed.