T. SIVAPERUAML Vs. S. VISWANATHAN

JUDGEMENT

(1.) This Second Appeal was originally dismissed on 24.09.2012 for default. Later on, it was restored on its file. The facts of the Second Appeal, in a nutshell, is as follows:-

(2.) While the matter stood thus, since, the appellant herein acted against the interests to the plaintiffs/respondents, by virtue of a document, dated 10.11.2005, the first respondent cancelled the said power of attorney. The same was also intimated by way of 'certificate of posting' to the first defendant/appellant, on 17.11.2005 itself. According to him, it was received by the first defendant. Thereafter, on 03.06.2006, he made a publication also in 'dinamalar' in this regard.

(3.) Inspite of the fact that the power of attorney was cancelled, the first defendant had executed the sale deed in his favour, on 05.05.2006, as if it has been sold for a consideration of Rs. 3,36,000/-. Such document is not legally sustainable. Therefore, he issued a lawyer's notice on 29.06.2006. Though it was received by the first defendant, he has not replied the same. With this background, the plaintiffs/respondents filed suit for a declaration of title and possession of the property in question. He has also filed this suit for cancellation of the sale deed. He also impleaded the Sub-Registrar, Karaikudi, in this regard.