SUDAKAR Vs. USHA

JUDGEMENT

(1.) The plaintiffs are the appellants in this appeal. The prayer in O.S.No.585 of 2006 was for declaration of tile and for permanent injunction.

(2.) According to the plaintiffs, the suit A schedule property was originally owned by one Sarangapani Gounder. During his lifetime, he executed a registered Will dated 09.12.1976, bequeathing his property granting life interest in favour of his wife Adilakhsmi and thereafter to his daughter Kalyani @ Sarathammal and the vested remainder shall go to his grandsons, who are the first plaintiff and the defendants 4 and 5.

(3.) The plaintiffs would further state that on 24.08.1984, the testator Sarangapani Gounder died and his wife Adilakhsmi died on 28.02.2005. During the lifetime of Adilakhsmi, she along with her daughter Kalyani @ Sarathammal executed a release deed on 12.10.2001 releasing their right in favour of the first plaintiff and the fifth defendant. Subsequently, the first plaintiff executed a power of attorney in favour of one Kathavarayan on 15.10.2001 in respect of his 1/3 share in the A schedule property. The power agent entered into an agreement with the plaintiffs 2 and 3 on 03.10.2001 agreeing to sell his right over the property for a total consideration of Rs.1,36,000/-. and sold the property by a registered sale deed, dated 29.10.2001. Since then, the plaintiffs 2 and 3 are in possession of the property. While so, the defendants attempted to interfere with the possession and enjoyment of the property from August 2004. Hence, the suit.