(1.) This Civil Miscellaneous Appeal is preferred by the plaintiff in O.S.No.260 of 2014 on the file of the Principal District Court, Chengalpattu (originally filed as O.S.No.151 of 2011 before the Sub Court, Tambaram) for declaration of title and for suit for a bare injunction.
(2.) Heard the learned counsel appearing for the appellant and the respondents.
(3.) The material facts that are necessary for the current purpose may be stated: Certain Mrs.Mary Thomas owned a piece of 75 cents of property, that on 25.05.2004 she had executed a Power of Attorney in the name of Mr.Robert Gunasekaran, the fifth respondent. On 29.12.2006, the appellant had purchased 19 cents out of 75 cents from the Power of Attorney. The plaintiff claims title and possession under this sale deed on the strength of which he has laid the suit seeking recovery of possession from the sixth respondent for part of the property that he has purchased, and for permanent injunction to protect his possession as to the remaining part. He had moved the Trial Court, in I.A.No.784 of 2014 for an order of interim injunction against not to alienate the property. The Trial Court dismissed the said application primarily on following two conditions: (a) As on the date of sale deed that Robert Gunasekaran had executed in favour of the plaintiff, on 29.12.2006 Mary Thomas, the Principal who had executed the Power of Attorney, was already dead, (b) The Power of Attorney nowhere has granted a power or authority to alienate any portion of the property.