K. RAJA Vs. MARIYAMMA

JUDGEMENT

(1.) HEARD the arguments of the learned counsel appearing for the appellants -defendants and also the arguments of the learned counsel appearing for the respondents -plaintiffs.

(2.) THE respondents -plaintiffs have filed the suit before the Trial Court for the relief of declaration that the sale deed dated 13.12.2002 executed by defendant No. 1 in his capacity as the Power of Attorney of late Abbas Beary in favour of defendant No. 2 as null and void and consequently, for permanent injunction to restrain the defendants and anybody on their behalf from interfering with the peaceful possession and enjoyment of 'A' schedule property. In the said suit, defendants have also claimed by way of counter claim, the relief of mandatory injunction directing the plaintiffs to execute the sale deed in their favour with regard to 'A' schedule property and put them into possession of the said property.

(3.) THE facts also show that on 26.08.2002 Abbas Beary expired. In that regard, death extract has been produced before the Trial Court as per Exhibit P -4 and it is not in dispute. Facts also show that after the death of Abbas Beary, defendant No. 1, who is the holder of agreement of sale and also the General Power of Attorney, executed the sale deed in favour of defendant. No. 2 in respect of 'A' schedule property. Therefore, it is the contention of the plaintiffs -respondents before the Trial Court that on the basis of the said sale deed, defendant No. 2 so also defendant No. 1 started obstructing the peaceful possession and enjoyment of the suit schedule property by the defendants. Hence, they have sought the said reliefs in the suit.