BALASUBRAMANIAN Vs. K RAJAMMAL

JUDGEMENT

(1.) THE plaintiff in O.S.No.575 of 2005 on the file of the District Munsif Court, Pollachi, is the appellant.

(2.) THE appellant/ plaintiff filed the suit in O.S.No.575 of 2005 for injunction restraining the respondents herein from interfering with his possession and enjoyment of the suit property stating that he purchased the suit property from the original owner Vijayalakshmi under a registered sale deed dated 27.11.1995 and he is in possession and enjoyment of the same and the respondents have no right over the suit property and they are attempting to interfere with his possession and therefore he filed the suit for injunction.

(3.) THE learned counsel for the appellant submitted that the lower appellate Court erred in allowing the appeal filed by the 1st respondent challenging the decree passed in O.S.No.575 of 2005 in favour of the appellant and the lower appellate Court having regard to the pleadings ought to have granted the decree confirming the order of the trial Court and ought to have held that the appellant is having valid title to the suit property and he is in possession and enjoyment of the same. He further submitted that the 1st respondent cannot claim any right or title to the suit property as admittedly the 1st respondent purchased the suit property from the original owner through Power Agent and the power was not a registered one and the Power Agent cannot execute the sale deed in the absence of any registration of the power.