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2015 Supreme(Mad) 1954

R.MAHADEVAN
M. Bama – Appellant
Versus
R. Nirupama – Respondent


Advocate Appeared:
For the Appellant:A. Thiagarajan, SC for S. Ramesh Kumar, Advocate.
For the Respondents:R3 to R7, S.V. Jayaraman, SC for C. Shankar, R2, R. Chellappa, Advocates.

JUDGMENT

R. MAHADEVAN, J.

1. This Appeal Suit has been filed by the Plaintiff, who was unsuccessful before the Trial Court, aggrieved against the judgment and decree, dated 30.12.2011, made in OS.No.2488/2011, by the learned Additional District Judge, FTC III, Chennai. For the sake of convenience and for easy reference, in this judgment, the parties are hitherto described as they were arrayed before the Trial Court.

2. The case of the Plaintiff, as set out in the Plaint, is as follows:-

a. The 1st Defendant is the owner of the property, viz. Old No.4, New No.5 and 6, Madhavaram High Road, Perambur, Chennai-1. The 1st Defendant had appointed the 2nd Defendant, as her lawfully constituted Power of Attorney Agent to deal with the said property, including the right to sell the same to prospective purchasers. The said Power of Attorney was executed by the 1st Defendant in favour of the 2nd Defendant on 15.7.2002 and the same was also registered on the file of the SRO, Sembiam as Doc.No.1383 of 2002. The 1st Defendant entered into a Joint Venture agreement, on the very same date with the 2nd Defendant under which, it was agreed that the Defendants 1 and 2 would be entitled to 40-60% respect


































































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