THE COMMISSIONER Vs. VASANTHAKUMARI

JUDGEMENT

(1.) The appellant who is a successor in interest of the defendant in O.S.No.106 of 2004 having suffered a decree for permanent injunction restraining it from interfering with the plaintiff's peaceful possession and enjoyment of the suit property and for costs at the hands of the courts below has come up with this Second Appeal.

(2.) The suit was laid by the 1st respondent claiming that the suit schedule properties situate at Nallur Village belong to one Sundaram Ponnusamy and others, they having purchased the same under a registered sale deed dated 03.12.1981. They were in enjoyment of 50 cents of land in S.No.181 of Nallur Village. The plaintiff purchased the said property under a registered sale deed dated 12.02.1982 for a valid consideration of Rs.10,850/-. She was also put in possession of the said property. Her name was also included as joint pattadhar by order of the Tahsildar, Tiruppur dated 18.02.1994. The said Vasanthakumari viz., the purchaser being a permanent resident of Chennai had executed a power of attorney in favour of one P.K.Ameetha on 20.10.2003 empowering her to deal with the property including the power of sale.

(3.) Pursuant to the said registered power of attorney, the said Ameetha, the Agent, sold an extent of 4800 sq.ft. in S.No.181 of Nallur Village to one Krishnamoorthy under two sale deeds dated 04.12.2003. The purchaser was also put in possession of the property. The present suit is laid by Vasanthakumari for the remaining extent of property.