K. SUNDARARAJ Vs. R. CHELLAMUTHU AND ORS.

JUDGEMENT

(1.) The plaintiff in the original suit is the appellant in the second appeal. The first defendant in the suit is the second respondent and the second defendant in the suit is the first respondent in the appeal. Defendants 3 and 4 in the original suit are the respondents 3 and 4 in the second appeal.

(2.) The plaintiff filed the suit O.S.No.218 of 2004 in the Court of District Munsif, Kangeyam against the respondents herein for a declaration that the deed of general power of attorney dated 26.02.2001 allegedly executed by him in favour of the first respondent herein/second defendant and registered as Document No.37/Book 4 in the office of Sub-Registrar, Vellakoil is forged, void and invalid, for a declaration that anything done by the first respondent/second defendant pursuant to the said deed of power of attorney dated 26.02.2001 shall be void and not binding on the appellant/plaintiff and for a permanent injunction restraining the respondents herein/defendants from entering into the suit property and disturbing the plaintiff's peaceful possession and enjoyment of the same. The learned trial Judge, by judgment and decree dated 15.06.2006, decreed the suit as prayed for, against which the second defendant (first respondent in the second appeal) alone filed an appeal in A.S.No.32 of 2006 on the file of Sub-Court, Dharapuram. The learned lower appellate Judge, by judgment and decree dated 25.01.2007, reversed the judgment of the trial Court and set aside the decree passed by the trial Court with the result that the original suit came to be dismissed. As against the reversing judgment and decree of the lower appellate Court, the appellant herein/plaintiff has brought forth the present second appeal on various grounds set out in the memorandum of grounds of second appeal.

(3.) Since the ranks of the respondents are not in line with the ranks of the defendants in the original suit, for sake of convenience and clarity, the parties are referred to in accordance with their ranks in the original suit and in appropriate places, when necessity arises, their ranks in the second appeal also shall be indicated.