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2017 Supreme(Mad) 3784

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, A.D. JAGADISH CHANDIRA, JJ.
Jayashree Jayanth - Appellant
Versus
N. Krishnaswamy & Others - Respondents
A.S. No. 573 of 2011 & C.M.P. No. 5624 of 2017
Decided On : 19-09-2017

Advocates Appeared:
For the Appellants :P. Wilson, Senior Counsel for S. Saravanan, Advocate.
For the Respondents:N. Sridhar, for R. Bharathkumar, Advocates.

Headnote:

Code of Civil Procedure, 1908 - Order 41 Rule 27 - Power of Attorney - Tax laws - 1st defendant began instructing the plaintiff to sign on blank sheets of papers, on company documents and bank documents for applying for loans - Inspite of repeated requests by the plaintiff for the needed details of her financial information, the 1st defendant did not furnish the required details - Left with no alternative, the plaintiff by notice revoked the Power of Attorney executed by her in favour of the 1st defendant and also issued a Public Notice in the newspaper viz., The Hindu, revoking the Power of Attorney - Held, Reasons stated by the plaintiff for not producing the documents at the time of trial, are not satisfactory and as such, the same cannot be accepted - Further, it is not open to the plaintiff to make fresh allegations and call upon the other side to admit or deny such allegations at the stage of appeal, which is contrary to the provisions contained under Order 41 Rule 27 of CPC - Therefore, Court is of the view that the plea of the plaintiff to grant leave to mark the additional documents at the appellate stage cannot be countenanced and it has to be rejected - Appeal dismissed

JUDGMENT :

R. Subbiah, J.

1. This appeal is filed as against the judgment and decree dated 01.04.2011 in O.S.No.804 of 2008 passed by the learned Additional District & Sessions Judge, (FTC-I), Coimbatore, by which the suit filed by the appellant herein/plaintiff for declaration, injunction and other reliefs, was dismissed_

2. The appellant herein is the plaintiff and the respondents herein are the defendants before the Trial Court. For the sake of convenience hereinafter the parties will be referred to as per their rankings in the suit as plaintiff and the defendants.

3. The brief facts of the case of the plaintiff are as follows_

3-1. The plaintiff is the elder daughter of the 1st defendant. The 2nd defendant is her mother, who had died during the pendency of the trial. The 3rd defendant is the sister of the plaintiff. The 4th defendant is the husband of the 3rd defendant and as such, he is the brother-in-law of the plaintiff.

3-2. The 1st defendant's family has various movable and immovable assets, including the properties in Mettupalayam, Coimbatore and other places, which are being managed by the 1st defendant. The properties were derived from the joint family funds and the plaintiff is also entitled to her share in the joint family properties. The 1st defendant, being the father of the plaintiff, right from the beginning, has been exerting influence over the plaintiff and the actions of the 1st defendant clearly demonstrated that the sole object of the 1st defendant is to dominate and to exercise control over the affairs of the plaintiff. The various actions of the 1st defendant would amply demonstrate his dictatorial, overbearing, perverse and irrational behaviour, which has caused great mental agony and distress to the plaintiff. The 1st defendant has been hostile towards the plaintiff from her early days itself and the same is characterized by acts of physical and mental violence towards the plaintiff. Even before her marriage, the plaintiff was forced to execute a Power of Attorney in favour of the 1st defendant on 17.01.1985. The said Power Attorney authorized the 1st defendant to take complete control over the properties of the plaintiff which he started enjoying right from January, 1985 onwards. At that time, the plaintiff did not suspect the intentions of her father viz., the 1st defendant and she trusted that he would take care of her share in the joint family properties and would act in a manner which would be beneficial and not detrimental to her interest. While so, in the year 1986, the plaintiff got married and shifted her residence from Mettupalayam to USA to join her husband. For about 10 years, the plaintiff stayed in USA and returned to India only in the year 1996.

3-3. It is the further case of the plaintiff that to comply with the Tax laws in USA and to file her tax returns, the plaintiff required information about her affairs in India and to know about her income which was derived from various properties in India. To meet the said legal requirement, the plaintiff made enquiries with the 1st defendant about her income and affairs in India. The plaintiff's auditor also addressed letters dated 23.02.2005 and 02.06.2005 to the 1st defendant requesting for the requisite information. Since the 1st defendant did not furnish the particulars and was being secretive, the plaintiff's auditor advised the plaintiff to revoke the Power of Attorney dated 17.01.1985 executed by her in favour of her father 1st defendant. The Auditor also advised the plaintiff to collect details of her accounts from her father, in response to a notice received by the plaintiff from the Department of Treasury, IRS, USA. But, the 1st defendant was not forthcoming with any information and was very secretive about the financial affairs of the plaintiff. As the plaintiff persisted, the 1st defendant got extremely upset and refused to give any i























































































































































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