KULWINDER SINGH MANKU Vs. N JAISHANKAR

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 18.06.2012 passed in O.S.No.579 of 2010, by the V Additional District and Sessions Court, Coimbatore.

(2.) The respondent herein, as plaintiff, has instituted O.S.No.579 of 2010, on the file of the trial Court, praying to direct the defendant to execute a re-conveyance sale deed in respect of the suit property in his favour, after receipt of loan amount and also direct the defendant to handover vacant possession of the suit property and for perpetual injunction, wherein, the present appellant has been shown as defendant.

(3.) The material averments made in the plaint are that the suit property is the absolute property of the plaintiff and his deceased uncle, by name, Karuppusamy. The said Karuppusamy has passed away as a bachelor, on 23.6.2001. After his demise, the suit property devolves upon the plaintiff and other legal heirs. The front portion of the suit property has been let out for commercial usage and rear portion has been let out to residential purpose. The family of the plaintiff has been residing in a portion of the suit property. One Susheel has enjoyed the front portion of the suit property, as a tenant. The plaintiff has collected a sum of Rs.3 lakhs as an advance. One Jernail Singh is a close relative of the defendant and he approached the plaintiff to let out a portion of the suit property to the defendant, for the purpose of carrying on business. The plaintiff has received a sum of Rs.7 lakhs from the defendant as an advance. The monthly rent has been fixed at Rs.10,000/-. After some time, the plaintiff has sought financial assistance from one M/s.Emrald Finance Company, Coimbatore. The plaintiff has approached the said Jernail Singh for making arrangements of funds. The said Jernail Singh has directed the plaintiff to execute a Power of Attorney Deed and also a sale agreement for the purpose of arranging funds. On 7.8.1997, the plaintiff and his uncle Karuppusamy have executed a Power of Attorney Deed and also a sale agreement, as a security. The plaintiff has paid 12% interest per annum. No receipts have been issued. The said Jernail Singh has collected parental documents for verification to release the loan. He has also promised to return the same immediately. The defendant has also participated in the death ceremony of Karuppusamy on 23.6.2001. The plaintiff has received some loans from the defendant through Jernail Singh and in total, the plaintiff is bound to pay Rs. 13,25,000/- to the defendant. The sister of the plaintiff has filed a partition suit and the same has been dismissed. A notice has been issued to the plaintiff, wherein, it is stated that on the basis of the Power of Attorney Deed, a sale deed has been registered on 16.5.2008. The said Jernail Singh has cheated the plaintiff. The plaintiff is ready to settle the entire amount to the defendant. The defendant has also stopped payment of monthly rents. Under the said circumstances, the present suit has been instituted for the reliefs sought therein.