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2014 Supreme(Ker) 389

K.HARILAL
ETL Corporate Services Private Ltd. rep. by its Accounts Officer, R. Tamil Selvam – Appellant
Versus
Sarojini – Respondent


Advocates appeared:
For the Petitioners:G. Shrikumar, M.M. Jasmin, Nidhi Sam John, Advocates, A.V. Thomas, Sr. Advocate.
For the Respondents:R1 to R5, T. Krishnan Unni, Sr. Advocate, K.N. Chandrababu, Advocate.

Judgment :

1. The petitioners are the defendants 1 and 3 in O.S.No.13/09 on the files of the Ist Additional Sub Court, Ernakulam, and the respondents herein are the plaintiffs. The suit is filed for declaration and consequential prohibitory injunction. According to the averments in the plaint, one Sebastian approached the late Sri. Madhavan, the predecessor- in-interest of the plaintiffs, for purchase of the properties having an extent of 47.95 Ares belonging to him and the 1st respondent/1st plaintiff offering Rs.30,000/-per cent. Thereafter, the said Sebastian took the late Sri.Madhavan and the 1st plaintiff to the Sub Registrar's Office, Thrikkakara, and got two documents executed in favour of the petitioners/defendants under the guise of registering sale agreements in respect of sale of 1.30.700 Acres of land belonging to plaintiff No.1 and the deceased Madhavan. Subsequently, they came to know that one of such documents is a registered Power of Attorney. The said registered Power of Attorney is vitiated by fraud and misrepresentation and the defendants will not get any right over the property under the said registered Power of Attorney. Hence prayed for declaration that the Po










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