G.R.THIYAGASUNDARA MUDALIAR Vs. M.VANATHI

JUDGEMENT

(1.) This Second Appeal is filed challenging the judgment and decree of the learned Subordinate Judge, Thiruvarur in A.S.No.36 of 2018 reversing the judgment and decree of the learned District Munsif in O.S.No.110 of 2016.

(2.) The appellant/plaintiff filed the suit for reliefs, as follows,

(3.) The case of the appellant is that, he hails from a very noble and respectable and traditional family from Tiruvarur. He got experience in running retail petroleum products for more than 40 years and he was a dealer for Hindustan Petroleum Corporation till sometime back. He was running the business under the name and style of Krishna Agencies in 25E, Nethaji Road, Tiruvarur. He has been maintaining current account facility for his business in account No.449018804 with the second respondent till now. First respondent and her family belong to the same caste and community of the appellant and they were family friends for more than a century. Appellant came to know that third respondent is looking forward to grant a retail outlet at Kattur, under the female quota. Appellant's daughters are married and living with their husbands and he found it difficult to get dealership in their name. Appellant told them that he was in search of good place at Kattur for locating a retail outlet. First respondent's father R.Mohan proposed the idea of granting a lease of his land for establishing the retail outlet and it was decided to apply the dealership outlet in the name of the first respondent. Appellant with his rich experience and influence spent huge money and got dealership outlet in the name of the first respondent. He spent Rs.60.00 lakhs/- for providing infrastructure facilities and establish a model bunk at Kattur. First respondent and her father entered into a memorandum of understanding with the appellant and agreed to receive Rs.5000.00 per month towards the rent for the land and Rs.5000.00 to the first respondent for lending her name for securing the retail outlet. Appellant invested all the necessary amount and the petroleum outlet was named as KVR Krishna Agencies. Through a general power of attorney deed dtd. 1/6/2012, first respondent nominated, constituted and appointed the appellant as a lawful power of attorney to do all the necessary acts, deeds, things relating to the business. It was registered on 4/3/2012. Appellant opened a current account with the second respondent for the business of KVR Krishna Agencies in account No.6040795018. Appellant used to send SMS to the first respondent relating to the placing of orders with the third defendant and certain message will be forwarded by the first respondent to the third respondent for effecting the supplies. Appellant would send money to third respondent through RTGS from the account of KVR Krishna Agencies. Whatever the sales take place in KVR Krishna Agencies, proceeds will be deposited in the KVR Krishna Agencies account and then the amount will be transferred to the account of KVR Krishna Agencies. KVR Krishna Agencies is completely a brain child of the appellant coming out of his expenditure and investment and first respondent is only a name lender. The power of attorney deed dtd. 1/6/2012 is under law and fact coupled with interest to facilitate the appellant to get himself adjusted of the investments that he has made in the said business and therefore, it is irrevocable one. For a month, first respondent is trying to take advantage of the allotment of the dealership outlet in her name and she is planning to take over the administration. First respondent along with her father is planning to bring down the business to a grinding halt. She is planning to cancel the power of attorney deed dtd. 1/6/2012, which is irrevocable as being the power coupled with interest. Therefore, the suit for the aforesaid reliefs.