C.V. Karthikeyan, J.

This civil suit has been filed, to pass a judgment and decree, against the Defendants :-

(a) for declaration that the 1st Plaintiff is the sole, lawful and absolute owner of the suit schedule properties,

(b) for declaration that the sale deed dated 17.09.2008 registered on 18.9.2008 as Document No. 7353 of 2008 before the Sub Registrar of Sembium by the 3rd Defendant P.J. Christiana Sheela to and in favour of the 4th Defendant Ushashree Bhaktava Rajaiah represented by the 1st Defendant Dr. B.R. Shanker as illegal, null and void and not binding on the Plaintiffs B.R. Srinivasa Rao and B.R. Padmavathy.

(c) for permanent injunction against the Defendants restraining them from in any manner infringing with the 1st Plaintiff's peaceful and lawful possession and enjoyment of the suit properties.

(d) directing the Defendants to pay the costs of the suit.

2. Plaint :- The 1st Plaintiff and the 2nd Plaintiff are husband and wife. The 1st Defendant is the elder brother of the 1st Plaintiff. The 1st Defendant and the 2nd Defendant are husband and wife. Their daughter is the 4th Defendant. The 3rd Defendant is a third party stranger to the family. It had been stated that the suit properties are vacant lands, measuring 5010 sq.ft in Plot No. 93 (2499 sq.ft.) and Plot No. 94 (2511 sq.ft.) in S. No. 2/6 Part, New T.S. No. 84, in Block No. 1, Jayanthi Nagar, Kolathur, Perambur Purasawalkam Taluk, Chennai and the same were originally owned by the 3rd Defendant. It had been further stated that the 3rd Defendant had executed Powers of Attorney in favour of the 2nd Plaintiff in Document Nos. 1205 of 2007 and 1206 of 2007 registered in the office of the Sub Registrar, Sembium. The Powers of Attorney had been witnessed by the husband of the 3rd Defendant and Mrs. K.N. Jayashree, another daughter of the 1st and 2nd Defendants.

Subsequently, the 1st Plaintiff, out of his self earnings, sale proceeds from the sale of his property in Kareem Nagar, Andhra Pradesh and other savings, had requested the 3rd Defendant to sell the suit property to him. The 3rd Defendant had orally requested the 2nd Plaintiff to execute and register necessary sale deed to and in favour of the 1st Plaintiff. Accordingly, the 2nd Plaintiff, as Power of Attorney Agent of the 3rd Defendant, had sold the suit properties and delivered vacant possession by registered sale deed dated 15.4.2008, bearing Document No. 2757 of 2008 by the Sub Registrar, Sembium for valid consideration. Since the Plaintiffs and the 1st Defendant were related, the entire sale consideration was given by the 1st Plaintiff to his elder brother the 1st Defendant and was informed that the entire amount had been paid to the 3rd Defendant.

3. It had been stated that the Plaintiffs have been in peaceful possession of the suit properties. On 13.9.2008, the Defendants and their men had attempted to trespass into the suit properties after giving a complaint to the Rajamangalam Police Station. The Plaintiffs had appeared before the police on 18.9.2008 and showed the documents relating to their title. It had been stated that the Defendants had also prepared certain documents to counter the claim and lawful rights of the Plaintiffs. It had been further stated that acting under the inducement of the 1st and 2nd Defendants, the 3rd Defendant had executed a sale deed dated 17.9.2008 registered as Document No. 7353 of 2008 in the Sub Registrar Office, Sembium on 18.9.2008 to and in favour of the 4th Defendant, who is the daughter of the 1st and 2nd Defendants. It had been stated that the 1st Defendant represented the 4th Defendant as her Power of Attorney Agent. It had been stated that the 1st Defendant knew about the sale transactions covered in the registered sale deed dated 15.4.2008 in Document No. 2757 of 2008. It had been, therefore, stated that the sale deed dated 17.9.2008 in Document No. 7353 of 2008 is fraudulent, collusive, sham and illegal, not at all valid and not binding on the Plaintiffs