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2024 Supreme(Mad) 957

P. B. BALAJI
Brinda – Appellant
Versus
Selvam – Respondent


Advocates Appeared:
For the Appellants : Mr. V. Raghavachari.
For the Respondents: Mr. S. Parthasarathy, Sr. Counsel for Mr. J. Srinivasa Mohan, Mrs. Chitra Sampath Sr. Counsel for Mr. T.S. Baskaran.

JUDGMENT :

P.B. Balaji, J.

This Second Appeal is filed challenging the concurrent findings of the Courts below.

2. The unsuccessful plaintiffs, in a suit for declaration, recovery of possession and injunction are the appellants herein. The parties are described as per their litigative status before the trial court.

3. The material facts that are necessary for deciding the above Second Appeal are as follows:-

4. The plaintiffs are the parents of one Nithyanandam, who died on 25.07.1998 in a motor accident. The first defendant is the son of the second defendant and brother of the third defendant. The said Nithyanandam was originally owning the suit property and he had appointed the first defendant as Power Agent on 31.12.1997. According to the plaintiffs, the power of attorney came to an end with the demise of their son, Nithyanandam. However, the first defendant prepared a sale deed and presented the same for registration on 31.07.1998 after the demise of Nithyanandam and also knowing fully well that Nithyanandam was not alive on that date. The defendants 2 and 3, who had purchased the property through the first defendant, would not get any title to the suit property.

5. Pending th

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