JILLIARIAN D CRUZ Vs. MIRANDA SERENE M

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed by the Addl. Subordinate Judge, Thiruvananthapuram in O.S.1251/95. The suit is for a direction to the defendant to surrender vacant possession of the plaint schedule property and for an injunction. The plaint schedule property originally belonged to the mother of the plaintiffs' and on her death it had devolved upon the plaintiffs. The plaintiffs are permanent residents of Singapore. They have executed a power of attorney in favour of the defendant on 24.11.88 for management of the property and the building therein. The defendant did not look after the property well and started misappropriating the income and did not send any account regarding the income and expenditure. Therefore the plaintiffs' revoked the power of attorney given to the defendant by revocation deed dated 9.5.94. This was intimated on 12.5.94. Thereafter the power of attorney has been given in the name of one Smt.Juddy Miranda for the management of the plaint schedule property. In spite of her request the defendant refused to hand over possession and therefore the suit.

(2.) On the contra, the defendant would contend the suit is instituted unauthorizedly as the 2nd plaintiff is mentally infirm. She is suffering from Schizophrenia. The power of attorney signed by the said person is sham. The defendant has effected repairs and renovation to the building costing Rs.2 lakhs. He had leased out the property for Rs.300/-. The plaintiffs have only sent Rs.10,000/- and therefore he is entitled to get the balance amount.

(3.) In the trial Court PW1 and DW1 were examined. Exts.A1 to A6 and B1 and B2 were marked. On an analysis the trial Court granted a decree. It is against that decision the appeal has been filed.