P G VENUGOPAL Vs. NAFEEZ ZAWAHIR

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, Poonamallee.

(2.) The revision petitioner is the defendant in O.S.No.149/2009 on the file of the Court of the Subordinate Judge, Poonamallee. The said suit was filed by the respondent / plaintiff, praying for the judgment and decree for specific performance of the contract and other consequential directions. The revision petitioner / defendant filed I.A.No.214/2012 under Order 11 read with Section 151 CPC, to reject the plaint and vide impugned fair and decreetal order dated 08.03.2012, the said petition came to be dismissed and aggrieved by the same, he has filed this Civil Revision Petition.

(3.) The revision petitioner / defendant in the affidavit filed in support of the petition in I.A.No.214 of 2012 would aver among other things that the plaintiff was his erstwhile so called Power of Attorney and now filed the present Suit through his power agent, Mr.M.Arulsamy and since the Agent cannot forward his power or duties to any other agent, in whole or in part, without the express authority of the Principal or authority derived from the Statute, the Suit filed through the said Power of Attorney is not maintainable and also took a stand that he has also cancelled his Power of Attorney dated 21.04.1999 through registered document bearing Doc.No.429 of 2004 and would further aver that the defendant became the owner of the Suit property by virtue of the registered Sale Deed dated 29.05.2008, executed by the Tamil Nadu Housing Board in his favour and as such, no right can be claimed through the earlier power of Attorney dated 21.04.1999 and since he became an absolute owner on 29.05.2008, he cannot enter into any agreement at an anterior point of time to convey the suit property and therefore, prays for rejection of the suit.