GOVINDAN Vs. REVATHI

JUDGEMENT

(1.) The defendants 3 and 4 in OS No. 27 of 2008, who suffered a decree for partition and separate possession of the plaintiffs 3/4th share in the suit properties at the hands of the Lower Appellate Court in AS No. 70 of 2011, have come up with this Second Appeal.

(2.) The suit in OS No. 27 of 2008, out of which the appeal in AS No. 70 of 2011 arose was filed by the respondents 1 to 3 herein/plaintiffs seeking partition and separate possession of their 3/4th share in the suit properties.

(3.) According to the plaintiffs, the suit properties are ancestral properties of the plaintiffs and their father/the first defendant. It is claimed that the suit properties and some other properties originally belonged to one Ranganatha Kounder, paternal grandfather of the plaintiffs. After the death of Ranganatha Kounder, his sons namely, the first defendant and his brothers effected an oral partition among themselves and the suit properties were allotted to the share of the first defendant at the said oral partition. It is also claimed that the plaintiffs and the first defendant have been in joint possession of the properties till date. It is the further claim of the plaintiffs that the first defendant got addicted to bad habits and hence he had appointed the second defendant his wife as his power agent. It is the further contention of the plaintiffs that the Power of Attorney executed by the first defendant in favour of the second defendant was cancelled under cancellation deed dated 06.10.2003 prior to the execution of the Sale deed in favour of the third defendant.