M V Gupta
(Expert) 28 November 2010
From the facts narrated it is clear that the property belonged to A and that B the agent executed the agreement for sale describing himself as the real owner and not in his capacity as the POA of A. As such the agreement is not binding on A and no decree for specific performance could have been passed. Your client does not appear to have any right to proceed against A who is the real owner. The efforts made by yur client to proceed against the property without adding A as party defendant was not in order. In fact the agreement signed by the Agent B in his own capacity and not as the agent of A would not be binding on A. A can refuse to be bound by the agreement. The order passed by the appelalte court is proper.