AMUDHAVALI Vs. P.RUKUMANI

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal is filed, aggrieved by the judgment and order dated 17.07.2019 passed in Writ Appeal No.229 of 2018 by the High Court of Judicature at Madras. By the aforesaid order, the intra-court appeal preferred by respondent Nos.1 to 5 herein was allowed by setting aside the order of the learned single Judge passed in W.P. No.6329 of 2009.

(3.) The respondent nos.1 to 4 herein who were original owners of the land covered by S.F. No.246/1 of Kalapatti Village, Gandhipuram Sub-Registration District of Coimbatore, have executed a registered power of attorney in favour of respondent no.7. The appellants claim that, they have purchased the said land admeasuring Acs.3.46 cents from the respondent Nos.1 to 4, vide registered sale deed dated 09.03.2005, executed by their Power of Attorney, i.e. respondent no.7. Subsequently, the respondent nos.1 to 4 prepared the Cancellation Deed on 09.03.2005 and got it registered on 20.09.2007. After registration of such deed, respondent nos.1 to 4 also filed a civil suit to declare the sale deed dated 09.03.2005 executed in favour of the appellants, as illegal, void and non est. Subsequent to registration of cancellation deed, an extent of 0.25 cents of land was transferred by registered sale deed dated 27.02.2009, in favour of respondent no.8.