G.JAYACHANDRAN
A. M. K. Shahul Hameed – Appellant
Versus
D. Sharine – Respondent
JUDGMENT :
The first defendant in the suit for declaration and permanent injunction is the appellant herein.
2. The case of the plaintiffs is that defendants 1 to 3 purchased the suit property from one K.S. Sabarinathan through his power agent on 11/02/1997 under a registered sale deed. Later, they jointly executed a general power of attorney deed on 10/09/2003 in favour of the second plaintiff and got it registered on 18/09/2003. The defendants received the entire sale consideration from the 2nd plaintiff and handed over the title documents and possession of the property.
3. Since the defendants on execution of the power of attorney received the entire sale consideration and handed over the possession, it is a power coupled with interest. The plaintiffs on obtaining the power improved the property and tried to fetch third party buyers, but he could not, since the property had no proper access to the main road. Hence, he sold the property on 05/07/2004 to the first plaintiff, who is none other his wife. On the transfer of the title, the first plaintiff has mutated the revenue records and transferred the EB service in her name and enjoying the property absolutely. While the fact being
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