Contract Act, 1872–Secs. 207 & 208–Appellant was residing in USA and the power of attorney was executed by her on 04.12.2003–She settled in India on 30.11.2007 after her retirement–Power of attorney (Ex. A4) confers the power for the execution of the deeds in situations of necessity, including the absence of appellant in the country–It cannot be noted that from 2007, onwards, she was entirely absent from India–Execution of sale deed dated 16.04.2008 (Ex. A5) is inconsistent with and contradictory to the power granted to respondent no. 1–Sale deed Ex A-3 was executed by the appellant and respondent on 18.01.2008–On this date, revocation of power of attorney (Ex. A-4) came in effect–Held, sale deed Ex.A-5 in regerd to appellant’s share was void ab initio–Further, there is a clear evidence that Ex.A-5 is not supported by consideration–It would be legal and equitable to direct the Trial Court first to explore the possibility of determining the market value of the appellant’s half share in the suit schedule property–Certain directions issued.
