C.KUPPUSAMY Vs. P.VIJAYA

JUDGEMENT

(1.) Challenging the judgment and decree of the trial Court decreeing the suit in favour of the plaintiff, the present appeal has been filed by the unsuccessful defendants.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) It is the case of the plaintiff that the first defendant is a financier and is doing finance business with the second defendant, third defendant is the wife of the second defendant and the fourth defendant is the wife of the first defendant. The suit property is situate in Coonoor, Nilgiris District. The plaintiff's daughter has joined MBBS at Armenia, an Eastern European country. In order to meet out the educational expenses, as the plaintiff was in dire need of funds, she approached the first defendant through one Prabhu for availing loan of Rs.10.00 lakhs. The first defendant has agreed to lend the amount on condition that General Power of Attorney in favour of the first defendant as well as an agreement for sale in favour of the second and third defendants are to be executed. As the plaintiff was in dire need of funds, due to undue influence exerted on her by the first defendant, she had executed Power of Attorney dtd. 9/4/2012 in favour of the first defendant as well as agreement for sale dtd. 9/4/2012 in favour of the second and third defendants. Besides, she has also given several signed blank papers, including cheques. It is agreed between the parties that interest at the rate of 24% per annum has to be paid. The plaintiff has also paid interest to the account of the first defendant. When the matter stood thus, the first defendant fraudulently registered the suit property in the name of the third and fourth defendants on 4/4/2014. Therefore, according to the plaintiff, the document is null and void. Hence, sought to cancel the document.