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1998 Supreme(Mad) 40

S.S.SUBRAMANI
J. Sivasubramanian and Another – Appellant
Versus
N. Govindarajan and Another – Respondent


Advocates:
B.Ramamoorthy, for Petitioners. D.Ashok Kumar, for Respondent No.1.

Judgment :

A person who is not a party to the suit, but who is aggrieved by the decree, has come to this Court, under Art.227 of the Constitution of India, alleging fraud and collusion in obtaining the decree.

2. Second respondent was the owner of the suit property. He executed a power of attorney in favour of first respondent, who filed O.S.7631 of 1997, on the file of XV Assistant Judge, City Civil Court, Madras, on 11. 1997. On 11. 1997, the principal (second respondent), who had executed the power of attorney, made an endorsement on the plaint that he has no objection for passing of a decree. The suit was decreed as prayed for. The decree reads thus:

“(1) That it be and is hereby declared that the General power duly executed by the defendant in favour of the plaintiff, dated 29. 1997 duly registered at the Office of Sub Registrar, Purasawalkam, as Document No.575 of 1997 is, valid acted upon, irrevocable, etc.

(2) That the defendant be and is hereby restrained by permanent injunction from interfering with the peaceful possession and enjoyment of all the piece of land in all measuring 12 acres and 5 cents comprised in various Survey Nos.namely, 331/2,336/ 2, 336/1B and 333/2 sit





























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