NAFEEZ ZAWAHIR Vs. P G VENUGOPAL

JUDGEMENT

(1.) By consent, the Civil Revision petition is taken up for final disposal. For the sake of convenience, this Court adopts the nomenclature / array of parties in O.S.No.149 of 2009 on the file of the Court of Subordinate Judge, Poonamalle.

(2.) Tmt. Dr.Nafeez Zawahir had filed O.S.No.149 of 2009 on the file of the Court of Subordinate Judge, Poonamallee against Thiru.P.G.Venugopal, praying for a judgment and decree for specific performance of the contract dated 21.04.1999, in respect of the site and land and building situated at Plot No.6160, TNHB, HIG - Type 344, 50 Sq.M in Ambattur, Ayyapakkam Village, Thiruvallur District. The plaintiff was represented by Thiru.Arul samy, Power of Attorney.

(3.) The defendant had filed I.A.No.502 of 2012, under Order 7 Rule 11 read with Section 1 of Civil Procedure Code, praying for rejection of the plaint on the ground that admittedly, the Suit came to be laid on the power of attorney said to have been executed by him on 20.04.1999 in favour of the plaintiff, which was subsequently cancelled and as such the Suit per se is not maintainable. The defendant also took a stand that he became owner of the said property on 29.05.2008 through a registered Sale Deed executed by Housing Board and he has no authority to execute the so called Power of Attorney or any other instrument in favour of some body and therefore prays for rejection of the plaint.