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2015 Supreme(Mad) 491

R.MAHADEVAN
R. V. E. Venkatachalam (Died) – Appellant
Versus
B. A. Devaneson – Respondent


Advocates:
Advocate Appeared
For the Appellants:R. Subramanian, Advocate.
For the Respondents:C.A. Diwakar, Advocate.

Judgment

1. This regular appeal is directed against the judgment and decree dated 17.8.2007 made in O.S.No.115 of 1994 on the file of the learned District Judge, Nilgiris at Udagamandalam.

2. Having been dissatisfied with the dismissal of the suit, the plaintiff has knocked at the doors of this court by way of this appeal.

3. For easy reference and also for the sake of convenience, the parties to the appeal may hereinafter be referred to as the plaintiff and the defendant respectively wherever the context so require.

4. Background facts leading to the filing of the suit are as follows:-

(i) The suit property commonly known as " Allendale" situated at Figure of Eight Road, Coonoor Town, measuring 0.79.5 acres of land together with the building thereon in R.S.No.1181/2 belongs to the defendants by virtue of their purchase under a registered sale deed, dated 14.5.1980.

(ii) The defendants 1 to 3 are sisters and brother. The first defendant was appointed as the Power Agent of the second and third defendants under the valid Power-of-Attorney, dated 7.8.1980 empowering to deal with the suit property.

(iii) The fourth defendant was inducted into possession of the suit property as a tenant on 1.1
































































































































































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