P.T.ASHA
E. Venkatesan, Represented by his Power of Attorney E. Kalaimani – Appellant
Versus
VGP Investments, A Registered Partnership Firm, Represented by its Partner V. G. Santhosham – Respondent
JUDGMENT :
(Prayer: Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree dated 13.06.2011 made in A.S.No.38 of 2009 on the file of the Sub Court, Kanchipuram confirming the judgment and decree dated 10.07.2009 made in O.S.No.546 of 2008 on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur by allowing this Second Appeal.)
1. The unsuccessful plaintiff before the courts below is the appellant before this Court. The relief in the suit, which is the subject matter of this appeal, is for an injunction restraining the defendant from interfering in any portion of the suit property which is in the exclusive possession and enjoyment of the plaintiff. The suit property measures 1.06 acres and is situate in Sriperumbudur Village comprised in S.No.1626/1I2 -measuring 31 cents, S.No.1626/1I4 - measuring 41 cents and S.No.1626/1I5 -measuring 34 cents. The parties are referred in their same rank as in the suit.
2. Plaintiff’s Case:
2.1. The case of the plaintiff is that the suit property was owned by his vendor Mr. C. Raji, son of Chinnaswamy. The said Raji had executed a power of attorney in favour of one E.Kalaimani son of S. Elumalai.
Ananthula Sudhakar vs P. Buchi Reddy (dead) By LRS. and Others reported in (2008) 4 SCC 594
Des Raj & Ors vs Bhagat Ram (Dead) By Lrs. & Ors reported in 2007 (9) SCC 641
S. B. Noronah vs Prem Kumari Khanna reported in 1980 (1) SCC 52
R.V.E. Venkatachala Gounder vs Arulmigu Viswesaraswami & V.P. Temple & AR
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