1. The second appeal arises out of the judgment and decree dated 30.11.2004 in A.S.No.39 of 2004 on the file of the Sub-Court, Bhavani, reversing the judgment and decree dated 10.03.2004 in O.S.No.378 of 2004 on the file of I Additional District Munsif Court, Bhavani.

2. The averments made in the plaint are as follows:-

(i) The power of attorney has filed an application seeking permission for suing in the capacity of power of attorney for his daughter namely, P.Thillaikkarasi, who is the absolute owner of the suit property. He purchased the suit property on 14.11.1995 from the first defendant along with another property under a registered sale deed by document No.4282 of 1995 at Parassala Sub-Registrar Office, Neyyatrikarai Taluk, Trivandrum District, Kerala State. Eversince the date of sale, the plaintiff has been in possession and enjoyment of the suit property by repairing the suit house spending more than Rs.1,75,000/- by digging a well and purchasing of electric motor pump set and paying house tax to the local panchayat. The service connection was originally obtained by the vendor namely, the first defendant which is yet to be transferred in favour of the plaintiff.

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