P. NARAYANAN Vs. P. KUMARAKURUBARAN

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dismissing the interlocutory application filed for rejection of plaint under Order VII Rule 11 of Code of Civil Procedure.

(2.) The first respondent is the plaintiff in O.S. No. 310 of 2014 filed the above suit for declaration. The respondents 2 and 3 and the petitioner herein are the defendants 1 to 3 in the suit. According to the petitioner, the suit is barred by limitation and undervalued with suppression of material facts.

(3.) According to the plaintiff, he was assigned a vacant site by Special Tahsildar, Saidapet, on 05.05.1974. He has constructed a house with tiled roof and enjoying the same. Since he got employment in the Police Department, he executed a power of attorney in favour of his father vide Document No. 04-11-101-102-3/1978 on 06.01.1978. The power of attorney was given only for the purpose of putting up construction in the plot and to enter into agreement, to get permission and other activities relevant to the same. No power was given for transferring the title. The father of the defendants 1 and 3 and husband of the second defendant, signed as a witness in the above said document. The original assignment deed as well as the original of the power of the attorney was with the father of the plaintiff. While so, on 10.10.1988, the power of attorney, namely, the father of the plaintiff executed a sale deed in favour of the second respondent/first defendant and registered the same vide Document No. 303/1993 at the Office of the Sub-Registrar, Pudukottai, without any right or authority. The father of the plaintiff died on 21.02.2012. Pursuant to the sale deed executed, the first defendant, on 16.04.2012, executed a settlement deed in favour of her mother, the second defendant herein, vide Document No. 1198/2012. After knowing the transaction, the plaintiff lodged a complaint with the Additional Commissioner of Police, Chennai, for land grabbing against the first defendant and her family. On 24.02.2012, he applied for patta and raised an objection with the Sub-Registrar, Alandur, not to register any document with respect to the suit property on 05.03.2012. The defendants have applied for building permission on 05.07.2013. In the meanwhile, they executed a power of attorney in favour of the third defendant on 31.12.2012 and therefore, the petitioner has preferred the above suit on the cause of action on the dates stated above.