Supreme Court
JUSTICE K. M. JOSEPH, JUSTICE PAMIDIGHANTAM SRI NARASIMHA
AMAR NATH
Vs.
GIAN CHAND AND ANR.
CIVIL APPEAL NO. 5797 OF 2009
28th January 2022
Citation: 2022 ALL SCR (ONLINE) 94
2. The plaint schedule property hereinafter referred to as the ‘property’ consists of 2 Kanals, 10 Marlas and odd land belonged to the plaintiff and was in his possession. He was serving as a junior engineer. He entered into an oral agreement for the sale of the property for a consideration of Rs. 55,000/-. It is the plaintiff’s case that when the plaintiff came on leave, the first defendant could not arrange the money and asked for further time. The plaintiff bonafide executed a special power of attorney in favour of the IInd defendant for selling the property for the amount of Rs. 55,000/-. As the negotiation fell through in view of the first defendant not being able to arrange the money, the second defendant to whom the power of attorney was executed, surrendered the original to the plaintiff, and the plaintiff told the first defendant that the same stood cancelled. The second defendant is alleged to be a deed writer and a clever person. He applied for the copy of the power of attorney, and fraudulently in collusion with the first defendant, executed the sale deed on 28.04.1987 for Rs. 30,000/. The second defendant, according to the plaintiff, could not execute the sale deed in the absence of the original power of attorney, and the sub registrar was supposed to verify the aspect from the second defendant under Sections 32, 33 and 34 of the Registration Act. The sale deed was without authority. The second defendant ‘was not competent to transfer the possession’. The special power of attorney is deemed to have been cancelled in the eye of law since it was handed over to the plaintiff. When the plaintiff came from his service and enquired with the officials of the revenue staff or the consolidation authority, and got the copies, then he came to know about the sale and that the mutation has been sanctioned. It is on this case that the plaintiff filed a suit for declaration by way of permanent injunction that he is the owner in possession of that property and the mutation showing the sale in favour of the first defendant, by the second defendant, was null and void, and that the second defendant was not having any authority to sell the land owned by the plaintiff, and hence the defendant be restrained from interfering with the ownership and possession of the plaintiff. It was further prayed that in case it was proved that the second defendant was an agent of plaintiff then in that case, the suit for rendition of accounts be decreed.4. The second defendant also filed a written statement. He contended that there was an agreement between the plaintiff and the first defendant independently without the intervention of the second defendant for the sum of Rs.30,000/- out of which the plaintiff was himself given Rs.10,000/- as earnest money from the first defendant. The remaining Rs.20,000/- was to be received on the registration of the sale deed as at the time of sale, it could not be effected immediately. The plaintiff had to join his duty and therefore wanted the second defendant to have a registered special Power of Attorney from him and then, execute the sale deed and get it registered after receiving the remaining amount of consideration of Rs.20,000/. The consideration of the sale deed being Rs.55,000/- is stoutly denied. It is his further case that the remaining consideration was handed over to the plaintiff and the power of attorney was handed over to the plaintiff. However, the case that the power of attorney was handed over before execution of sale deed is denied. He denied acquaintance with the government officer much less the sub registrar. There is no prohibition of law for executing a sale deed on the basis of the copy of the registered power of attorney, when the original could not be traced and the plaintiff insisted for the money showing that he has a great need. Legally and factually, it is pleaded ‘that no registered deed to cancelled orally.’ It requires another registered deed to cancel it.6. The evidence consisted of oral evidence on behalf of the plaintiff tendered through eight witnesses. The documentary evidence on behalf of the plaintiff consisted of P1 to P11. The first defendant was examined as DW1. The second defendant was examined as DW4. DW2 and DW3 were two other witnesses examined on behalf of the defendant. DX which will assume considerable significance was also adduced apart from D1 and D2. The Trial Court, interalia, while answering issues no. 1 and 2 was alerted about the provisions of Section 33 and 34 of the Registration Act apart from Section 18A. Section 18A was found to deal with the document presented for registration. It went on to find inter alia that the reading of Section 58,59 and 60 of the Registration Act leads to the conclusion that the registration of the document is a solemn act. The endorsement of the registration raised a presumption that the executants or their duly authorised agents appeared before the Registrar. It is for the other side to prove that the document was not presented for registration, once it is proved that the document had been presented. The execution was proved before the sub registrar. The sub registrar has given evidence as PW4 and proved the sale for a consideration of Rs.30,000/. The sale was also proved by the marginal witnesses. Section 18 A of the Registration Act makes it clear that the sale deed must be accompanied with a true copy of the power of attorney. That second defendant was having a certified copy of the special power of attorney. The Trial Court did not accept the plaintiff’s case that the second defendant was not his power of attorney at the time of the sale. It relied upon DX-letter dated 02.06.1987 written by the plaintiff. The Trial Court did not attach any weight to the alleged cancellation of the power of attorney especially when the second defendant was having a certified copy of the special power of attorney, which was a registered power of attorney. The cancellation also required registration. Exhibit PW 5A dated 02.07.1987 by which the second defendant agreed to pay Rs.30,000/- to the plaintiff is relied upon and it was inexplicable as why it was executed, if on 02.02.1987, the special power of attorney given to the second defendant was cancelled. The power of attorney was found subsisting. The mere writing of a word ‘cancelled’ on the original power of attorney (P2) did not mean that the power of attorney had been cancelled, till notice was given to the second defendant. The 1st defendant was not bound by any agreement between plaintiff and the second defendant. As per Section 18A, sale deed should accompany true copy of the power of attorney and the original is not required. P1-agreement binds the plaintiff and the second defendant having been proved by the scribe and witnesses. P1 and P2 must be read together. Plaintiff agreed with the second defendant to sell the land for consideration not less that Rs.55,000/-. No ground was given to set aside the sale. The sale was found effected for Rs.30,000/- and was not a void transaction. In answering issue no. 3, it was found however that the plaintiff was entitled to the rendition of the account from the second defendant. The second defendant was in fact found liable to pay Rs.55000/- based on P1 agreement. It was found that the P1 agreement controlled the power of attorney. The agent could not act against the interest of the principal. The court fee of Rs.19.50 was found correctly fixed. The Trial Court proceeded to decline the relief of declaration by way of permanent injunction as the plaintiff was not the owner in possession but the Suit for rendition of accounts from the second defendant was decreed.10. The High Court has clearly erred in exercising jurisdiction under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’, for short). The substantial questions of law were purely factual. The terms of the power of attorney would show that the case of the plaintiff that the consideration was settled at Rs.55,000/-, was incorrect. It is further contended that it is an admitted fact that Defendant No.1 was put in possession on the execution of the sale deed and Defendant No.1 has been found by trial court to be in possession. The power of attorney which was registered, could have been cancelled only by a registered document. In this regard, we drew support from the judgment of the Allahabad High Court in Daya Shanker Ors. v. Rajendra Kumar Ors., (2016) 118 ALR 62. He also sought support from judgment of the Madras High Court (Madurai Bench) dated 11.12.2019 in Second Appeal No. (MD) 652 of 2015. The first defendant would contend that the registration of a document brings it in public domain and the registered document must be cancelled by the same means. It cannot be permitted to be cancelled in secrecy. He relied on Ratilal Nathubhai Anr. v. Rasiklal Maganlal Ors., AIR 1950 Bom. 326 Sections 32(a) of the Registration Act, 1908 (hereinafter referred to as ‘the Act’, for short) contemplates a situation where a power of attorney holder is authorised to execute a sale deed. In this case, under the power of attorney executed by the plaintiff, the second defendant was competent to execute the sale deed and he could, therefore, present it for registration. In this regard, he drew support from the judgment of this Court in Rajni Tandon v. Dulal Ranjan Ghosh Dastidar and Another (2009) 14 SCC 782. The appellant also points to the relief sought in the plaint and the court fees to be paid being Rs.19.50, which was the court fees paid for injunction simplicitor only. The plaintiff never sought cancellation of the sale deed nor recovery of possession. The appellant relied on judgment of this Court in Anathula Sudhakar v. T. Buchi Reddy (dead) by LRs Ors., (2008) 4 SCC 594 and Madhukar Vishwanath v. Madhao Ors., (1999) 9 SCC 446, in this regard.11. The High Court was justified in interfering under Section 100 of the CPC. The High Court rightly found it necessary that the First Appellate Court should have discussed the evidence after formulating the points for determination under Order XLI Rule 31 of CPC. It is further contended that there was fraud and collusion and to the knowledge of both the defendants, the power of attorney stood withdrawn. Non-consideration of relevant evidence justified the High Court in interfering under Section 100 of the CPC. Construction of a document of title or of a document which was foundation of a right, raised a question of law. In cases of extreme perversity, the High Court can interfere under Section 100. Referring to Sections 32, 33 and 34 of the Registration Act, it is contended that improper presentation of a document is not a mere defect. The provisions are intended to prevent forgery and procurement of conveyance by fraud or undue influence. Reliance was placed on judgment of Privy Council in Jambu Parshad v. Muhammad Nawab Aftab Ali Khan Anr., AIR 1914 PC 16 and Ma Shwe Mya v. Maung Ho Hnaung, AIR 1922 PC 359. It is further contended that Section 33(4) clearly contemplates the original power of attorney being produced at the time of presentation of the sale deed. The original power of attorney was not produced in this case by the second defendant. The original power of attorney was with the plaintiff and he has produced the same which was marked as Exhibit-P2. It was surrendered by the second defendant. The evidence of PW6 is relied upon. The case of the first Defendant that he was a bonafide purchaser, was a false pretence. After the cancellation of the power of attorney, the entire procedure of making an application by the second defendant for a copy, its preparation and receipt, shows fraud and collusion between the Defendants and the Sub-Registrar (PW4) and officials of the Registering Authority. The plaintiff took us through the deposition to demonstrate the falsity of the Defendant’s case. There was an oral agreement between the plaintiff and the first defendant to sell and purchase, respectively, the property at Rs.55,000/-. The plaintiff was not paid Rs.10,000/- as claimed by the first defendant. Finding that the first defendant will not be able to raise Rs.55,000/-, the second defendant surrendered the power of attorney on 02.02.1987. The plaintiff has not received any amount from the first defendant or the second defendant. There is no equity in the case of first defendant. To do complete justice, the impugned judgment must be upheld.“34. Enquiry before registration by registering officer.—(l) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.20. In other words, when a person empowers another to execute a document and the power of attorney, acting on the power, executes the document, the power of attorney holder can present the document for registration under Section 32(a). Section 32(a) of the Registration Act deals with the person executing a document and also the person claiming under the same. It also provides for persons claiming under a decree or an order being entitled to present a document. Section 32(b) speaks about the representative or assignee of ‘such a person’. The word such a person in Section 32(b) is intended to refer to the persons covered by Section 32(a). Finally, Section 32(c) provides for the agent of ‘such a person’ which necessarily means the persons who are encompassed by Section 32(a). Besides agent of the person covered by Section 32(a), Section 32(c) also takes in the agent of the representative or assignee. Now the words representative or assignee are to be found in Section 32(b). Thus, Section 32(c) deals with agents of the persons covered by Section 32(a) and agents of the representative or assignee falling under Section 32(b). It is in respect of such an agent that there must be due authorisation by a power of attorney, which in turn, is to be executed and authenticated in the manner provided for in Section 33. However, the person, who has actually signed the document or executed the document for the purpose of Section 32(a) does not require a power of attorney to present the document. It may be open to the principal, who has entered obligations under the document, to present the document. Section 32(c) must alone be read with Section 33 of the Act. Thus, when Section 32(c) of the Registration Act declares that a document, whether it is compulsorily or optionally registrable, is to be presented, inter alia, by the agent of such a person, representative or assignee, duly authorised by power of attorney, it must be executed and authenticated in the manner and hereinafter mentioned immediately in the next following section. Section 33 by its very heading provides for power of attorney recognisable for the purpose of Section 32. Section 32(a) cannot be read with Section 33 of the Act. In other words, in a situation, if a document is executed by a person, it will be open to such a person to present the document for registration through his agent. The agency can be limited to authorising the agent for presenting the document for it is such a power of attorney, which is referred to in Section 32(c). It is in regard to a power of attorney holder, who is authorised to present the document for registration to whom Section 33 would apply. In the facts of this case, the second defendant was armed with the power of attorney dated 28.01.1987 and if it was not cancelled and he had executed the sale deed on 28.04.1987, he would be well within his rights to present the document for registration under Section 32(a) of the Act.22. Section 34 provides for the inquiry to be done by the Registering Office before he orders registration. It declares that no document shall be registered under the Act unless the persons executing such document or their representatives, assigns or agents authorised as aforesaid, appear before the Registering Authority before the time, allowed for presentation under Sections 23, 24, 25 and 26. This is, however, subject to Sections 41, 43, 45, 69, 75, 77, 83 and 89. Appearances under Section 34(1) may be simultaneous or at different times. Section 34(3)(a) enjoins upon the Registering Officer to enquire whether or not such document was executed by the persons by whom it purports to have been executed. Section 34(3)(b) further makes it his duty to satisfy himself as to the identity of a person’s appearing before him and alleging that they have executed the document. It must be understood and read along with Section 32(a). Section 32(a) mandates presentation of the document for registration by some person executing or claiming under the same, inter alia. In respect of a person who presents the document, who claims to have executed the document, not only is he entitled to present the document for registration, in the inquiry under Section 34(3)(a) and 3(b), the duty of the Registering Officer extends only to enquire and find that such person is the person who has executed the document he has presented and further be satisfied about the identity of the person. When it comes to Section 34(3)(c), the Registering Officer is duty-bound in respect of any person appearing as a representative, assign or agent to satisfy himself of a right of such a person to so appear. Section 34(3)(c) is relatable to persons covered by Section 32(b) and 32(c) of the Act. We have already found that the word ‘agent’ is to be understood as a person who is authorised to present the document for registration. Such an agent would fall under Section 32(c). Thus, in regard to persons falling in Section 34(3)(c), it would, indeed, be incumbent on the agent, inter alia, to produce the power of attorney as such.I an owner in possession of land. I want to sell this land through sale deed because I cannot, due to service, effect this task. Therefore, through his statement on behalf of me, appoint Sh. Yash Pal Singh S/o Sh Gian Singh R/o Bath Patialan, Tappa Dhatwal, Tehsil Barsar, District Hamirpur, as my Special Power of Attorney and I authorize him that he may sell the above said land to whoever he wants to, and at whatever price, prepare sale deed and produce before Sub Registrar, give statement, receive requisite amount. Thereafter above mentioned land may got mutated in the name of Vendee, got attested. I will accept whatever is done by the attorney.I, Yash Pal Singh son of Gian Singh, am a resident of village Balh PatialanTappa Dhatwal, Tehsil — Barsar, District — Hamirpur and I have been appointed vide registered Special Power of Attorney dated 28/01/1987 in respect of sale of land bearing Khasara No. 361 situated in Tikka Barsar by Gian Chand son of Bhagwan Dass resident of village — Dhangota Tappa Dhatwal, Tehsil — Barsar. I on behalf of Gian Chand made a deal to sell the aforesaid land measuring 2 Kanal 10 Marla to Amar Nath son of Bhakshi Ram of Mehre for 55,000/- (Rupees Fifty Five Thousand). Amar Nath did not have the total consideration amount to pay and he wanted a week’s time to arrange the money. For this reason, Gian Chand appointed me as a Special Power of Attorney because Gian Chand had urgently to go to Kinnaur. Therefore, 1, now, would be able to sell this land only for 55,000/-(Rupees Fifty Five Thousand) otherwise I would be unable to sell. Therefore I write this agreement so that it can be used when required.P1 agreement was written and given to PW1 by the second defendant. It was read over to him in his presence and the second defendant accepted its correctness and signed it. It was told that the property will not be sold for less than rupees fifty-five thousand. He has executed the Special Power of Attorney in favour of the second defendant. Later, the purchaser (not clear) told him that he would get the registry done after the 2nd or 7th of February. PW1 came to Mehre on 02.02.1987 but the purchaser (not clear), it is stated, could not arrange for money. On the same day, the second defendant returned the power of attorney and the power of attorney was cut and was cancelled on that date by writing the word ‘cancelled’ by PW1 on asking by the second defendant. The power of attorney was in his possession. Defendant No.2 applied in court for obtaining the power of attorney and obtained a copy on the same day. PW1 did not know of the registry, which was made and it was made/executed by deceit and he did not get any money. He tried to contact the second defendant and he told him that he was in need of money and he had sold the land. After that, he caused P3-Lawyer’s Legal Notice. Defendant No.1 was aware of the cancellation of the power of attorney and that the property was in his possession. In cross-examination, he has admitted to DX being scribed by his friend at his instance and it being duly signed by him. Where he had written Power of Attorney -cancelled, it is signed by him. He cancelled Power of Attorney at Mehre. He admits that there itself, the Office of the Sub-Registrar was situated. He did not cancel the power of attorney through the Sub-Registrar Office. PW1 further admits that he did not send any notice of cancellation. He remained on leave from 26.01.1987 to 02.02.1987. He denied Defendant No.1 had given any money to his wife. There was no talk regarding money. He denies them having received Rs.10,000/-. He had purchased a land for Rs.15,000/- in 1982. He learnt about sale of the land on 02.06.1987. He did not send any notice on 02.06.1987. Defendant No.1 was not present when they decided that the land will not be sold for less than Rs.55,000/-. Even P1 was not scribed in the presence of Defendant No.1. When the Power Attorney was cancelled the Defendants and one Nikka Ram were present. He then says Nikka Ram is a resident of Ghangot and he did not know him. He denies the suggestion that Nikka Ram is the brother of Ram Das, whose son, he admits has married his sister. The property is banjar.41. PW6 is one Dev Raj. He claims to be witness to P1, which has been signed by him. It was scribed/written by Nikka Ram and the second defendant was the person who got it written. It was read over to the second defendant, who had thereafter signed. The land was authorised to be sold for Rs.55,000/- and there was no authority to sell it for lesser value. On 02.02.1987, it was expressed in his presence that the land could not be sold at the price and you take back the power of attorney. Then, on two papers, the line was drawn. At that time, first defendant was also there. In his cross-examination, he has deposed that earlier to his examination, he had deposed two times. He denied having deposed as witness in many cases. He does not have any relation of marriage-death with the plaintiff nor was he from his village. He says on that day (it must be on 02.02.1987), he had come to Mehre for purchasing oil. P-1 was written at the place where all the Deed Writers sit at the Tehsil. He cannot give detail as to who had met him on 30.01.1987 and 02.02.1987. The talk on 02.02.1987 was on the courtyard of the Tehsil where the Deed Writers sat. On 02.02.1987, he had gone there, for photograph and for making certificate. Mehre is 6- 7 kilometres from Ghangot and Buhdi is 5 kilometres away. He claims that while oil is available at Buhdi, there was no photographer available. The suggestion that he has deposed as witness in every case, is denied.47. DW4 is the second defendant. He deposed that he knew the plaintiff as student. He was appointed as the power of attorney holder, at time plaintiff was at Kinnaur. Plaintiff had posted a letter to him. Plaintiff received Rs.10,000/- from the first defendant at the shop of Roshan Lal. For the purpose of the sale deed, he had scribed the sale deed for a total consideration of Rs.30,000/-. He admits to having received Rs.20,000/- from the first defendant before the Sub-Registrar. He denies, however, having paid the balance amount to the plaintiff. He also delivered possession of the land to the first defendant in furtherance of the sale. He has sold the land with the consent of the plaintiff. In cross-examination, he, inter alia, stated that he received a registered letter from the plaintiff. He does not know whether the original of DX is with him. The original power of attorney was not available with him, when the sale was registered. It was misplaced. He claims that P2 was not the same power of attorney, which was given to him but cancelled and cuttings thereon, is (not clear) in my hand. He denies having returned P2 (power of attorney) back to the plaintiff and that he was left with no authority to sell the land. He denies having signed P1 agreement. He had entered into the oral agreement with the first defendant for the sale of land and had received Rs.10,000/- but there was no written agreement. The application for getting certified copy of the power of attorney was given on the date when the sale was to be registered because the power of attorney had been misplaced. He is a Deed Writer since 1980. At the time when Rs.10,000/- was received, the first defendant and Roshan Lal were present. It is wrong to say that on 16.08.1987, he had written a letter. His license was cancelled by the Deputy Commissioner. He states that it is wrong that he was accused of creating a fake document. He has paid Rs.20,000/- but he did not remember as to when he paid Rs.20,000/-. He has stated to have been paid the amount to the plaintiff’s wife at her residence. The disputed land was fenced with wires and angle iron later by the first defendant. He has denied that he has not paid any money to the plaintiff and the suggestion that he was paid Rs.55,000/- by the first defendant. He has denied having been given Rs.10,000/- by the first defendant. He denies as wrong that he had got the sale registered before the receipt of DX. He has further denied plaintiff being in possession.Plaintiff has described himself as the owner of possession of the land. He wanted to sell the land through sale deed. Thereafter, it was stated that he could not, due to service, effect this task. Therefore, he appointed the second defendant as the special power of attorney and authorised him that he may sell the above land to whosoever he wanted to and at whatever price, prepare the sale deed, produce before the Sub-Registrar, receive requisite amount, thereafter, the abovementioned may be got mutated in the name of the vendee. The plaintiff has declared that he will accept, whatever is done by the attorney.50. If, we now look into P-1, which is the alleged agreement, which was executed by the Power of Attorney, we may reconstruct the case of the plaintiff. Plaintiff had to leave the place in keeping with the exigencies of the service. There was an agreement to sell in favour of the first defendant. The property was agreed to be sold for Rs.55,000/-. First Defendant was unable to raise the amount. Therefore, the agreement dated 30.01.1987, was entered into and it refers to the power of attorney dated 28.01.1987. The power of attorney is, undoubtedly, registered. If the plaintiff’s case is believed, P-1 agreement is executed by the second defendant, which recites that he has been appointed as the power of attorney. It is further recited that the second defendant, on behalf of the plaintiff, has made a deal to sell the property for Rs.55,000/-. It is stated still further that the first defendant did not have the total amount of consideration. He wanted a weeks’ time to arrange the money. For this reason, it is finally stated that the plaintiff had appointed him as the power of attorney because the plaintiff had to urgently go to Kinnaur. Finally, it is stated in P-1 that therefore, he would now be able to sell the land only for Rs.55,000/-, otherwise, he would be unable to sell.52. Since, it is not disputed that the plaintiff did execute the power of attorney, empowering the second defendant to sell the property and it is further not in dispute that the second defendant has executed the sale deed in favour of the first defendant, the only question which arises is whether the power of attorney was cancelled before the execution of the sale deed on 28.04.1987. Undoubtedly, the further question would be whether the cancellation was effected in a valid and legal manner and finally, whether it was made known to not only to the second defendant but also to the first defendant. Section 201 of the Contract Act, dealing with termination of agency, declares that an agency can be terminated by the principal revoking the authority of the agent. An exception to the power of principal to revoke the agency is found in Section 202 of the Contract Act, which provides that where an agent has himself an interest in the property which forms the subject of the agency, in the absence of an express contract, the agency cannot be terminated to the prejudice of the agent’s interest. In such cases, the agency would be clearly irrevocable. Section 207 of the Contract Act declares that revocation may be express or may be implied in the conduct of that principal or agent, respectively. Section 208, which deals with the time when termination of the agent’s agency takes effect, reads as follows:“208. When termination of agent’s authority takes effect as to agent, and as to third persons.—The termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them. —The termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them.””59. While on cancellation, we may notice that the plaintiff, in his deposition, has stated that he had cancelled the power of attorney at Mehre and there itself was the Office of the Sub-Registrar located. He has admitted that he did not get the power of attorney cancelled at the Sub-Registrar Office. Even, more importantly, he has admitted to not having sent any notice of cancellation. The only evidence consists of a statement of PW1 that the first defendant was aware of the cancellation and the statement of PW6, who had said that the first defendant was also there on 02.02.1987, when on two papers a line was drawn to signify the cancellation. The Trial Court and also the appellate court have relied upon the DX sent by the plaintiff himself, which appears to undermine the evidence about the cancellation on 02.02.1987. The High Court should not have, at any rate, disturbed the said finding in a Second Appeal. In such circumstances, the conclusion is inevitable that the case of the plaintiff that power of attorney stood cancelled, in the manner done on 02.02.1987, cannot be accepted. At any rate, we find it difficult to accept the case of the plaintiff that the first defendant, who is the third party, could be attributed any knowledge of the surrender or the alleged cancellation on 02.02.1987, even assuming for a moment that we could lend credence to the plaintiff’s version in this regard that the second defendant surrendered the power of attorney. We need not pronounce on the question whether the power of attorney being registered, it could be cancelled only by a registered power of attorney. This we say as even in the absence of a registered cancellation of the power of attorney, there must be cancellation and it must further be brought to the notice of the third party at any rate as already noticed. Such a cancellation is not made out.