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2019 Supreme(Mad) 3183

P.T.ASHA
Muthulakshmi – Appellant
Versus
Balaguru Pandiyan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.H.Lakshmi Shankar
For the Respondent: Mr.R.Vijakumar

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 24.02.2014 in A.S.No.29 of 2012 on the file of the Additional District and Sessions Court, Dindigul, reversing the judgment and decree dated 23.03.2011 in O.S.No.656 of 2002 on the file of the Additional Sub-Court, Dindigul.)

The defendants in a suit for specific performance are the appellants before this Court. The parties are referred to in the same status as in the trial Court.

2. The plaintiff's case:

    (i) The plaintiff had come forward with the case that the suit property belongs to the second defendant by virtue of a registered sale deed dated 09.11.1957. The deceased first defendant is the son of the second defendant. Originally, the suit was filed only against the first and second defendants and thereafter, on the death of the first defendant, the legal representatives of the first defendant were brought on record as defendants 3 and 4.

(ii) It is the case of the plaintiff that the second defendant had executed a registered power of attorney in favour of the first defendant. The first defendant had offered to sell the suit property to the plaintiff for

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