LAWS(MAD)-2011-1-140

N LALITHA Vs. MANUJOTHI ASHRAMAM

Decided On January 07, 2011
N.LALITHA Appellant
V/S
MANUJOTHI ASHRAMAM Respondents

JUDGEMENT

(1.) The Petitioners are the Defendants 3 to 9 in O.S. No. 18 of 2000 on the file of the learned District Munsif, Tambaram. The First Respondent is the Plaintiff and the Respondents 2 and 3 are the Defendants 1 and 2 in the said Suit.

(2.) The Plaintiff is an Ashram. The Plaintiff claims that it owns the landed property comprised in S. No. 165/2 at Rajakilpakkam village, Tambaram Taluk, Kancheepuram District measuring 5.02 cents. One. Mr. R.P. Lawrie was the founder President of the Ashram. He had executed a registered General Power of Attorney in favour of the First Defendant on 17.10.1973. Exercising his power under the said document, the First Defendant subsequently, executed two Sale Deeds [Document Nos. 1705 of 1983 and 1704 of 1983] on 06.5.1983 and 9.5.1983 respectively thereby, selling the above said property to one Mr. Nataraja Iyer and the Second Defendant herein. An extent of two acres was sold to Mr. Nataraja Iyer and the remaining extent was sold to the Second Defendant. Mr. Lawrie died on 24.2.1989.

(3.) It appears that the First Defendant sold away a portion of the property purchased by her to the legal representatives of Mr. Nataraja Iyer. Mr. Nataraja Iyer also passed away. Admittedly, the Defendants 3 to 9 are the legal representatives of Mr. Nataraja Iyer. Thus, according to the Defendants 3 to 9, the entire extent of the above said land is in the possession and enjoyment of them.