R.MALA
M. Abdul Muthalip – Appellant
Versus
M. Samsudeen – Respondent
The plaintiff had purchased the suit property under a registered sale deed dated 07.03.1985 and from that onwards the plaintiff was in possession and enjoyment of the suit property as an absolute owner. In the year 1989, the plaintiff made arrangements to settle at Delhi on account of his business. Hence he appointed the defendant as the general power of attorney to manage the suit properties, by a registered Power of Attorney, dated 15.05.1989. The plaintiff was under the bonafide impression that the defendant is managing the properties with due care and caution as his power agent. Hence, he did not visit the suit properties for a long time.
2. The plaintiff returned to his native place in the month of January 2002 and sought the defendant to handover the possession of the suit property and also the power deed. But the defendant gave a evasive reply. Then he came to know that the defendant himself had purchased the suit properties. Immediately, the plaintiff applied for certified copy of the power deed. The plaintiff never authorised the defendant to execute a sale deed. The plaintiff never received any consideraion from the defendant herein towards the sale of the suit
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