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 :
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. The said Kalaimani had sold the property to the plaintiff under a registered sale deed dated 08.09.1997, as the power of attorney of one Raji.
2.2. The plaintiff would further submit that he and his predecessor-in-title were in open, continuous and uninterrupted possession of the suit property. While so, on 15.09.1997, the defendant attempted to encroach into the suit prope
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