S.BADHRI Vs. S.VIJAYAKUMAR

JUDGEMENT

(1.) The first defendant in O.S.No.297 of 2020 on the file of the I Additional District Court, Madurai has filed the above revision petition challenging the dismissal of an application filed under Order 7 Rule 11(d) of C.P.C.

(2.) One Mr.Sundaragopal is the owner of the property. He had executed a registered power deed in favour of the fourth defendant namely A.Jayachandran on 21/3/2012 for dealing with the property including a right to alienate the same. Based upon the above said power deed, the fourth defendant has entered into a registered sale agreement with the plaintiff on 16/7/2012. Under the said sale agreement, the total sale consideration was fixed at Rs.32,00,000.00. Out of which, a sum of Rs.10,00,000.00 is said to have been paid as advance amount to the power agent. A period of two years was fixed as time to complete the sale deed.

(3.) The original owner of the property had cancelled the power deed on 19/7/2012 and thereafter, he had passed away on 8/11/2019 leaving behind the defendants 1 to 3 as his legal heirs. The plaintiff had issued a legal notice to the defendants on 7/11/2020 calling upon them to execute a sale deed after receiving the balance sale consideration of Rs.5,00,000.00. The first defendant has sent a reply notice on 18/11/2020 contending that the power deed has ready been cancelled and the original owner had not received any amount from the power agent. The fourth defendant had sent a reply on 26/11/2020 that he was not aware of the alleged cancellation of power deed and whatever he had received from the agreement holder, he had paid it to late Sundaragopal.