P RAMU @ TAMAMOORTHY, REPRESENTED BY GENERAL POWER OF ATTORNEY, AGENT, P SETHU MADHAVAN Vs. K A LIYAGATH ALI

JUDGEMENT

(1.) This Original Side Appeal has been filed by the plaintiff whose suit against the respondent claiming for the relief of delivery of possession, damages and for other consequential reliefs, came to be dismissed by a judgment and decree dated 05.11.2014 in C.S.No.873 of 2006.

(2.) When this appeal came up for final hearing today before this Court, it was noticed that the plaintiff had already executed a Release Deed dated 30.10.2003 [Ex.D-1] wherein he has already released his half share in the suit property in favour of his brother P.Sethu Madhavan and thereby the said P.Sethu Madhavan had become the absolute owner of the entire suit property.

(3.) The said P.Sethu Madhavan who has become the absolute owner of the entire suit property, did not file the suit in his capacity as the owner of the entire suit property, on the other hand he has filed the suit in his capacity as the Power of Attorney agent of the appellant. For the purpose of representing the appellant in the suit as agent, the said P.Sethu Madhavan has relied up the General Power of Attorney dated 12.09.2002 which was executed by the appellant while he was the owner of the half share in the suit property. This Power of Attorney has lost his significance after the execution of the Release Deed subsequently on 30.10.2003.