ORDER :

(The matter is heard through “Video Conferencing/Hybrid Mode”.)

This Civil Revision Petition is filed against the Judgment and decree dated 18.11.2016 made in I.A.No.7 of 2016 in O.S.No.6592 of 2013 on the file of the XV Additional City Civil Court, Chennai.

Facts of the case:

2. The petitioners are defendants 9, 10, 22 & 35 in O.S.No.6592 of 2013 on the file of the XV Additional City Civil Court, Chennai. Originally one Sivananda Gramani and his wife S.Saraswathi Ammal filed the suit in C.S.No.1077 of 1992 on the file of this Court against 34 persons. Due to increase in pecuniary jurisdiction of City Civil Court the said suit was transferred to the City Civil Court and was re-numbered as O.S.No.6592 of 2013. After the death of said S.Saraswathi Ammal, her legal heirs were brought on record as plaintiffs 3 to 8. S.Palani Ammal, who was impleaded as 3rd plaintiff died and her legal heirs were brought on record as plaintiffs 9 to 11.

3. The said Sivananda Gramani and his wife S.Saraswathi Ammal filed suit for the following reliefs:

(i) declaring that the plaintiffs alone are entitled to the lands situated in T.S.No.31 in Ekkattuthangal, Madras to an extent of 46 cents morefully described in the Schedule “B-2” annexed hereto:

(ii) by way of permanent injunction restraining the defendants from in any way interfering with the plaintiffs peaceful possession and enjoyment of the Schedule – B2 lands and

(iii) directing the defendants to pay the costs of the suit.

4. According to the plaintiffs, they became owners of 2 acre and 32 cents in T.S.No.31 in Ekkattuthangal, Madras City. They purchased the said property by five sale deeds dated (i) 24.10.1945 bearing Document No.1940 of 1945, (ii) 11.06.1948 bearing Document No.1286 of 1948, (iii) 30.03.1948 bearing Document No.626 of 1948, (iv) 14.10.1950 bearing Document No.2221 of 1950 and (v) 14.10.1950 bearing Document No.2227 of 1950. According to the said plaintiffs, they were in possession and enjoyment of entire 2 acres and 32 cents which is described as 'A' Schedule property. The 1st defendant/Technical Staff Housing Society wanted to purchase the said land. On the Eastern side of the property, a piece of land was developed to be used as cremation and burial ground. In view of the same, the 1st defendant offered to buy only 1 acre and 80 cents. The 1st defendant wanted to purchase the vacant land to develop the same.

5. The property described in Schedule 'A' measuring 2 acres and 32 cents was lying vacant for a long time. A passage happened running from East to West. The 1st defendant accepted to purchase the land lying on southern side of passage, except a strip of land in an irregular shape in the form of triangle on the western side. The plaintiffs also had taken a portion of the land lying on the Eastern side of the suit property being corner portion situated between the passage mentioned above and the road leading to Adayar River. The plaintiffs intended to sell only 1 acre and 80 cents of the land to the 1st defendant and plaintiffs intended to sell the 52 cents along with corner plot retained by them.

6. The intention of 1st defendant was to purchase 1 acre and 80 cents of vacant land, convert and allot to its members. In order to avoid cost of purchase from plaintiffs and cost of conveying the plot to its members, the 1st defendant requested the plaintiffs to execute power of attorney appointing its Secretary one P.Ramasamy and President K.Raman, 2nd defendant as power agents of plaintiffs. At request of 1st defendant, the plaintiffs executed four power of attorneys dated 14.06.1982 bearing Document No.187 of 1982, 19.07.1982 bearing Document No.234 of 1982, 06.09.1982 bearing Document No.278 of 1982 and 06.09.1982 bearing Document No.279 of 1982. By these four deeds, plaintiffs appointed P.Ramasamy and K.Raman as their agents to deal with land totally measuring 1 acre and