B. AMUTHA Vs. ANANDHI SANKARA NARAYANAN

JUDGEMENT

(1.) The Plaintiff in O.S. No.121 of 2012 is the Revision Petitioner before this Court. Challenging the Order passed by the learned Principal District Munsif, Poonamallee in I.A. No.1471 of 2012 in O.S. No.121 of 2012, rejecting the request made by the Petitioner for appointing an Advocate Commissioner and directing him to inspect the Suit property, measure the same, note down the physical features, with the help of respective Taluk Surveyors and submit his Report along with Rough Sketch in the said O.S. No.121 of 2012.

(2.) The case of the Plaintiff is that she has purchased the Suit schedule of property situated at Thundalam Village, comprised in S. No.64 of 1, Ambattur Taluk, Thiruvallur District, measuring to an extent of 1062 sq. ft. from (1) K. Ramu, (2) K. Babu, and (3) K. Shanmugam, who are residing at No.50, Perumal Koil street, Numbal, Chennai-77, have executed a General Power of Attorney in favour of K.Venkatesan S/o Late. Kathirvelu, residing at No.9, Kannabiran Cross Street, Numbal, Chennai-77, registered as Document No.795 of 2004, Book No.4, on the file of SRO- Kundrathur, dated 15.4.2004. Originally, there was a small hut in the Suit schedule of property prior to purchase and at the time of purchase, there was no hut available, after purchasing the said property, the Plaintiff has put up a small hut in the Suit schedule of property.

(3.) The Plaintiff has come forward by saying that after purchasing the Suit schedule of property, she is in continuous possession and enjoyment of the property without any let or hindrance. The Plaintiff further states that her vendors ' father Late Kathirvelu had obtained the property by way of hereditary. The Plaintiffs vendors ' father died on 21.1.1995 and leaving behind his Wife (1) Mrs. K. Sarkunam, (2) K. Venkatesan, (3) K. Ramu, (4) K. Babu, and (5) K. Shanmugam, are the only legal heirs of the Late. Kathirvelu. Except Mrs. K. Sarkunam Wife of deceased Kathhirvelu, all the sons have executed the General Power of Attorney in favour of the said K.Venkatesan i.e., one of the Legal Heirs of Late. Kathirvelu. Pursuant to the above General Power of Attorney, the Power holder namely K. Venkatesan has executed the Sale Deed in favour of the Plaintiff on 8.1.2007, which was registered as Document No. 129 of 2007, on the file of No. 1-Joint Sub-Registrar, Saidapet, Chennai South.