PALANI Vs. DHAMODHARAN; PANNEEL SELVAM; MADHU; GANDHI; ANBU

JUDGEMENT

(1.) This is a plaintiff's Second Appeal challenging the judgments and decree of the Courts below wherein the suit of the plaintiff for declaration of title and permanent injunction, was dismissed.

(2.) According to the plaintiff, who claims to have purchased the suit property from one T.K. Govindasamy Pillai's family, through their power agents, for a sum of Rs.60,000/- under sale deed dated 04.11.1999, he is in possession and enjoyment of the same from the date of his purchase. It is stated that the defendants, with an intention to purchase the suit property, trespassed into the same on 16.3.2000 and tried to the forceful possession of the same. Hence, he filed the suit for declaration of title and permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property.

(3.) The first defendant filed written statement, adopted by the other defendants, who are his sons, denying the averments made by the plaintiff stating that the plaintiff never purchased the suit property and he had fraudulently changed the revenue records. It is stated that the plaintiff had purchased the suit property from the legal heirs of Govindasamy Pillai through their power of attorney by name Nagaraj and Rajagopal and that the said power deed executed on 25.5.1999, was cancelled by his legal heirs subsequently on 26.8.2009. According to the defendants, the legal heirs of Govindasamy Pillai executed a General Power of Attorney on 02.02.2000 in favour of the said Nagaraj and Rajagopal and only thereafter, they executed the sale deed legally in favour of the first defendant on 04.02.2000. Hence, the defendants prayed for dismissal of the suit.