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2014 Supreme(Mad) 2203

T.RAJA
Lakshmi – Appellant
Versus
P. Chandrasekaran – Respondent


Advocates Appeared:
For the Appellants:K. Rajendran, Advocate.
For the Respondent:V. Nicholas, Advocate.

JUDGMENT

T. RAJA, J.

1. This Second Appeal has been filed against the impugned judgment and decree passed by the Learned First Appellate Court in A.S. No. 126 of 2006 dated 27.07.2011.

2. The present second appeal has been filed by the defendants 1 to 7 except 8th defendant. Learned counsel for the appellants would submit that the sale agreement executed between the plaintiff and the 8th defendant, who is the Power of Attorney, was unenforceable as there was no consideration in the sense of benefit i.e. Section 25 and 2(d) of the Contract Act which reads an agreement made without consideration is void that had been passed on to the seller, who had given the power in favour of the 8th defendant. Therefore, the sale agreement dated 29.10.2001 executed between the plaintiff and the 8th defendant should be treated as an invalid document.

3. Originally, when one late Ramasamy had executed a registered General Power of Attorney dated 22.09.2000 in favour of the 8th defendant, R. Marudachalam, to deal with the suit property, the said power of attorney was registered as document No. 236 of 2000. Although the said 8th defendant became the power holder of deceased Ramasamy by virtue of the sa


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