P APPASAMY Vs. SAMY LOURDE JOSEPH

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree, dated 23. 8. 1995 made in O. S. No. 221 of 1994 on the file of I Additional Subordinate Judge, Pondicherry. The second defendant is the appellant.

(2.) THE first respondent herein filed the suit seeking for a judgment and decree directing the defendants to pay a sum of Rs. 1,83,400/- to the plaintiff with subsequent interest at the rate of 12% per annum and for costs of the suit. The case of the plaintiff is that the second defendant, as a power of attorney of first defendant, has entered into a sale agreement with the plaintiff on 6. 6. 1992 to sell the suit property for a sum of Rs. 3,50,000/- and on the date of the sale agreement, the second defendant received advance amount of Rs. 1,50,000/- and further agreed to complete the sale within three months, failing which, he agreed to repay the advance amount in double and the plaintiff has to lose the advance amount if the default is on his part. It is further stated by the plaintiff that he made several efforts by approaching the second defendant to register the sale deed and that efforts became fruitless and the plaintiff came to know that the suit property belonged to one Kokilambal and she had executed a settlement deed on 5. 11. 1979 in favour of S. P. Poyyathappan alias Appan and Manoranjithammal and the defendants 1 and 2 have no right over the suit property. According to the plaintiff, the first defendant, without any title or right over the suit property, executed a power deed in favour of second defendant in respect of the suit property and in turn, the second defendant executed the sale agreement in favour of the plaintiff and the act of the defendants amounts to cheat the plaintiff and the plaintiff issued lawyer's notice on 28. 2. 1994 and though the defendants received the notice, they did not send any reply or repaid the advance amount and hence the suit.

(3.) THE first defendant remained absent and was set exparte.