S.BALU Vs. T.KULANTHAI RAJA

JUDGEMENT

(1.) The second defendant in a suit for declaration of title and injunction is the appellant herein.

(2.) The suit was decreed by the trial Court, which was confirmed by the first appellate Court. The suit property is described as Plot No.129 in Survey No.319/1, Keelnatham Village, Saragampalayamkottai Taluk, Palayamkottai. This property was purchased by the first defendant under Ex.A1, sale deed dated 02.10.1981. Indeed the first defendant has owned two plots. One is suit property and another is Plot No.119. While so, on 14.07.2006 under Ex.A2, the settlement deed, the first defendant has settled the property in favour of his wife, Ulagammal. She is the fourth defendant in the suit. Thereafter, under Ex.A3, sale deed dated 09.01.2009, the plaintiff purchased Plot No.129.

(3.) The obstruction from the defendants was based on a certain sale agreement executed by the power of attorney of the first defendant. The defendants' case is that on 28.11.2002, the power of attorney of the first defendant executed Ex.B.11, unregistered sale agreement, as regards both the plots (Plot Nos.119 and 129), whereunder the second defendant had agreed to purchase both the plots in Plot Nos.119 and 129 for a total sale consideration of Rs.3.25 lakhs, that he had paid an advance of Rs.2 lakhs, that he undertook to perform his part of contract within one month of execution of Ex.B1, unregistered sale agreement, that on 10.02.2003, he had paid the balance sale consideration to the power of attorney and pursuant to that, the power of attorney had executed Ex.B3, receipt / memorandum acknowledging the receipt of balance sale consideration and resisted the plaintiff's case for declaration of title.