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2017 Supreme(Mad) 1057

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. JAYACHANDRAN, J.
G.Muniratnam - Petitioners
Vs.
The District Collector, Tuticorin – Respondent
CRP(PD)(MD)Nos.1290 of 2013, 1995 and 1996 of 2013 and MP(MD)No.1 of 2013
Decided on : 01-06-2017

Advocates:
Advocate Appeared:
For the Petitioners: Mr. V.Raghavachari
For the Respondent: Mr. A.Arumugam for M/s. A.R.Kannappan

Headnote:

Constitution - Article 227 – Civil Procedure Code - Order VII Rule 11 - Sale deeds - Land purchased - Executed a General Power of Attorney - Revision petitioners in all these three petitions are father and his minor daughter who defendants in suits pending on the file of Principal District Munsif – Revision petitions centres around of land purchased who is first revision petitioner – After purchase first revision petitioner has executed a General Power of Attorney to one her to deal with said property as his Agent – Based on power his Agent Sumathi has sold elder daughter first revision petitioner has settled property in the name of his minor daughter second revision petitioner herein – Held, Suit challenging settlement deed executed by te first revision petitioner in favour of second revision petitioner – Not case of plaintiffs that only lent his name, but sale consideration for the purchase of suit property was paid by Murali. Nor it is case of plaintiffs that their power agent has invested considerably based on power of attorney document and has accrued interest on property claimed and averred that spent money on property but he is nowhere in the litigation not an inference from written statement of defendant or from application to reject plaint but very pleadings found in the plaint itself renders suit not maintainable in law for want of cause of action – Appeal allowed.

ORDER :

The revision petitioners in all these three petitions are the father and his minor daughter who are the defendants in the suits O.S.264/2013, O.S.374/2013 and O.S.290/2013 pending on the file of Principal District Munsif, Thoothukudi.

2. The subject matter in all these revision petitions centres around 68 cents of land purchased on 03.03.2004 by G.Muniratnam, who is the first revision petitioner herein. After purchase, the first revision petitioner has executed a General Power of Attorney to one M.Sumathi w/o Murali on 15.07.2010 authorising her to deal with the said property as his Agent. Based on the power, his Agent Sumathi has sold 4 cents to her elder daughter Mallika on 26.07.2010. Soon thereafter, on 25.10.2010, the first revision petitioner has settled the property in the name of his minor daughter Sakthi Mageshwari, the second revision petitioner herein. According to the first revision petitioner, on settling the property in the name of his minor daughter, the General Power of Attorney dated 15.07.2010 executed by him in favour of Tmt.Sumathi got implicitly revoked under Section 207 of the Indian Contract Act and he also explicitly cancelled the power by informing his Agent through telegram and to the general public through paper publication. Whereas, Tmt.Sumathi, the Power Agent of the first revision petitioner on knowing the settlement deed executed by the principal, has lodged a criminal complaint against the first revision petitioner on 03.05.2011 resulting in a counter complaint by the first revision petitioner on 09.05.2011.

3. After complaints against each other, Tmt.Sumathi based on the power of attorney deed dated 15.07.2010, claiming herself as Power Agent of G.Munirathinam has conveyed about 13 cents of the subject land to her son Senthilkumar and two others by names, Nallathambi @ Thangam and Muthuraman on 18.05.2011 and another 13 cents to her second son M.Madhavan and second daughter Nagajothi on 23.05.2011. In this connection, the first revision petitioner had given a complaint to the District Registrar, Registration Department to cancel these two sale deeds and succeeded in getting those two sale deeds cancelled. Aggrieved by the cancellation of the sale deeds, Muthuraman who is one of the purchasers from the Power Agent Tmt.Sumathi has filed O.S.445/2012 to set aside the order of of the District Registrar cancelling the sale deed dated 18.05.2011. The other purchasers from the power agent filed W.P.21979/2012 to set aside the order passed by the District Registrar. The writ petition was allowed on 18.09.2012 with a direction to the District Registrar to hear the purchasers before passing any order on the complaint given by the revision petitioners.

4. In the said background, O.S.374/2011 was filed by Senthilkumar, Nallathambi and Muthuraman and O.S 390/2011 was filed by M.Madhavan and M.Nagajothi against the revision petitioners and Tmt.Sumathi for the following reliefs:-

(a) To declare the settlement deed dated 25.10.2010 of the first defendant/first revision petitioner herein in favour of the second defendant/second revision petitioner herein as null and void and

(b) to restrain the first defendant/ first revision petitioner or his men or agents from interfering with their enjoyment of the suit property by way of injunction.

5. In the above two suits, the revision petitioners, alleging fraud and collusion, want of cause of action and maintainability filed interlocutory applications to reject the plaints under Order VII Rule 11 of CPC. The Trial Court dismissed the same holding that the plea raised by the revision petitioners involves mixed question of law and facts. Only after trial, the validity of the settlement deed or the sale deeds could be decided. CRP.1995/2013 and CRP.1996/2013 are directed against the orders passed in those interlocutory applications.

6. Pending these two suits, the District Registrar on the direction of the Hon'ble High Court in the order passed in W.P. 21979/2012, after n




























































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