C. KRISHNASAMY (DIED) Vs. R. DHAMODHARAN

JUDGEMENT

(1.) This Appeal Suit is filed against the Judgment and Decree, dtd. 28/7/2003 in O.S. No.24 of 2003 by the Additional District Court-Fast Track Court No.IV, Coimbatore at Tiruppur, whereby the Suit filed by the Plaintiff was decreed, declaring that the Plaintiffs are the owners of Items Nos.1 & 2 of the Suit Schedule properties and granting Permanent injunction restraining the Defendants or any person claiming through them in any manner interfering with the possession and enjoyment of the Plaintiffs.

(2.) The case of the Plaintiffs is that the First Plaintiff is the owner of the Suit properties. He had constituted the Second Defendant as his Power of Attorney to sell the Suit properties by a registered Power of Attorney, dtd. 8/4/2002. On the same day, the Second Defendant had entered into an Agreement of Sale with the Third Defendant. Thereafter, the Defendants wanted to cancel the said Sale Agreement and to sell the properties to the Plaintiff. The parties agreed for a total Sale consideration of Rs.3,13,452..00 The said Sale Agreement was duly cancelled and a Sale Deed was duly executed by the Second Defendant in favour of the Plaintiffs on 8/8/2002. Thereafter, the Defendants demanded an additional sum of Rs.50,000,.00 by stating that the First Defendant had cancelled the Power of Attorney, even before execution of the Sale Deed. Therefore, the Plaintiffs filed this Suit to declare himself as the owner of the Suit properties and for grant of Permanent Injunction restraining the Defendants from interfering with his possession or in the alternative, to pay back the Sale consideration of Rs.3,13,452,.00 along with interest and take back the properties.

(3.) The First Defendant filed a Written Statement stating that the Power of Attorney executed by him in favour of the Second Defendant was sham and nominal. It was given as a security for loan to the Third Defendant and the property was mortgaged to the Third Defendant through the Second Defendant on 8/8/2002. The First Defendant had cancelled the Power of Attorney given to the Second Defendant on 5/8/2002, and therefore, the Sale Deed which was executed thereafter, will not be binding on him.