R.BANUMATHI
S. Vijayakrishnan – Appellant
Versus
Jayaprakash & Others – Respondent
These Appeals are preferred against the concurrent findings dismissing the Appellants suit for Specific Performance and decreeing the suit filed by the 5th Respondent for declaration and for possession.
2. Appellant is the Plaintiff in O.S.No.126/1997 and Defendant in O.S.No.125/1998. For convenience, parties are referred as per their array in the suits.
.3. Uncontroverted facts are that the properties in 1) T.S.No.41/2 -1.52 acres out of 3.78 acres with Well, electric motor pump set, service connection; 2) T.S.No.42/2 -3.42 acres and 3) T.S.No.216/11 - 0.96 acre originally belonged to Namasivayam. He owned a total extent of 8.20 acres. The said Namasivayam had executed a registered General Power of Attorney dated 12. 1989 empowering his son Sampath kumar, 3rd Respondent to deal with all the properties including suit properties. Appellant was the attesting witness in Ex.A1 Power of Attorney deed. Thereafter, he had purchased an extent of 2.26 acres out of 8.20 acres from 3rd Respondent Sampath kumar under Ex.A6 registered sale deed dated 13.04.1992. On 06.05.1997 under Ex.A2 registered sale deed, 5th Respondent Rani in S.A.No.280/2007 purchased the suit property in T.S
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