C. RENGASAMY Vs. N. ALAGAPPAPILLAI

JUDGEMENT

(1.) The defendants 1 and 2 in O.S.No.367 of 2008 are the appellants. The suit was filed by the respondents 1 & 2 seeking declaration that the sale deeds dated 21.10.2002 and 16.09.2003 executed by the first defendant in favour of the defendants 2 & 3 respectively are null and void and for costs.

(2.) According to the plaintiff, the first plaintiff, who is the owner of the property, had executed a power of attorney in favour of the second plaintiff on 20.07.1973 while he developed the property along with adjacent owners into a residential layout. After sale of a portion of the property, remaining property was in enjoyment of the second plaintiff as power agent of the first plaintiff. The said power of attorney in favour of the second plaintiff was confirmed by the notarised affidavit on 05.08.2004. Since the defendants 2 and 3 claiming to be the purchasers attempted to interfere with the plaintiffs' possession the plaintiffs filed a suit in O.S.No.2176 of 2005 before the District Munsif Court, Trichirappalli for permanent injunction. An order of interim injunction was also granted in I.A.No.1337 of 2005. The suit was decreed. Subsequently, the plaintiffs came to know that the first defendant claiming to be the power agent of the first plaintiff had executed the sale deeds in favour of the defendants 2 and 3 alienating the portions of the property. Hence, the plaintiff had come up with suit seeking declaration that the sale deeds are null and void. The claim of the first defendant that the first plaintiff had executed the power of attorney in his favour was stoutly denied by the plaintiffs.

(3.) The suit was resisted by the first defendant contending that the first plaintiff had executed a powers of attorney in his favour and that the sales were done by exercising the power under the said instruments.