Conveyances executed post-winding up and in violation of court orders are void; title cannot be conveyed under a power of attorney.

ORDER :

C.A.Nos. 55, 89 and 90 of 2022 were filed to implead S.Nandagopal, A.Kirubakaran and Jebalatha as parties to C.A.No.297 of 2021, i.e. an application for sale of the immovable assets described in the schedule thereto. Being proceedings in rem, such applications are unnecessary. The other applications (C.A.Nos. 129 to 134 of 2022) were filed by S.Nandagopal, A.Kirubakaran and Jebalatha seeking to set aside the order dated 26.11.2021 in C.A.No.297 of 2021 in C.P.No.57 of 1998 insofar as the lands described in the respective Judge's summons are concerned, and to stay all further sale proceedings pursuant to the aforesaid order in respect of the above mentioned lands pending disposal of the applications to set aside the sale.

2. S.Nandagopal traces title to an extent of 01.82.00 hectares in S.No.92/1 in Ezhuvaraimukki Village, Sathankulam Taluk, Tuticorin District from one Perumal Thevar, son of Veerasangili Thevar. Similarly, as regards an extent of 01.53.50 hectares in S.No.92/3 in the same village, he traces title from the said Perumal Thevar. According to him, the said Perumal Thevar sold the said properties under six sale deeds bearing Document Nos.567 to 572 of 1991 to Vijayakumari, Vijayakumar, R. Selvadasan and Packiyarani.

3. Subsequently, the aforementioned owners of the two parcels executed a general power of attorney in favour of one M.Muthuraman under general power of attorney document dated 22.08.1994, which was registered as document No.30 of 1994 on the file of the Sub Registrar Office, Nazareth (GPA dated 22.08.1994). According to S.Nandagopal, acting as agent of the owners, M.Muthuraman had executed a sale deed dated 08.09.2004, which was registered as document No.795 of 2004 on the file of the Sub Registrar Office, Nazareth, in his favour and also put him in peaceful possession and enjoyment of the said property. Thereafter, the revenue records were transferred in his name and a revenue patta was issued by the Deputy Tahsildar, Sathankulam, in his favour.

4. Jebalatha, wife of Kirubakaran, asserts title over an extent of 5 acres 2 cents in S.No.270/4; an extent of 5 acres in S.No.274/1; an extent of 5 acres and 9 cents in S.No.273/1; an extent of 5 acres and 7 cents in R.S.No.273/2; and an extent of 3 acres 2 cents corresponding to 1.22.0 hectares in R.S.No.281/5, all situated in Nazareth Village, Eral Taluk, Tuticorin District. According to Jebalatha, the lands situated in S.No.270/4 and 274/1 originally belonged to one Madasamy Thevar. After his lifetime, his son, Prof.M.Kasirajan, inherited the property. The said M.Kasirajan executed a general power of attorney dated 28.09.1995 and registered as document No.226 of 1995 on the file of the Sub Registrar, Nazareth, to and in favour of M.Muthuraman. The said Muthuraman executed a sale deed dated 22.02.2008, which was registered as document No.242 of 2008 on the file of the Sub Registrar, Nazareth, in favour of A.Kirubakaran, the husband of Jebalatha. Thereafter, A.Kirubakaran executed a settlement deed dated 15.10.2010 in favour of Jebalatha, which was registered as document No.2214 of 2010 on the file of the Sub Registrar, Nazareth and put Jebalatha in physical possession and enjoyment of the property.

5. As regards the land bearing S.No.273/1 and 273/2, she relies upon a general power of attorney dated 07.06.1991, registered as document No.268/1991, and executed by D. Daniel Sundaraj in favour of M.Muthuraman. She also relies upon a general power of attorney dated 27.09.1991, registered as document No.269/1995, and executed by D. Daniel Sundaraj and S.John Chandraraj in favour of M.Muthuraman. According to her, the said M.Muthuraman, on behalf of his principals, sold their undivided 2/3rd share in favour of Jebalatha's husband, A.Kirubakaran, under a sale deed dated 12.04.2007, which was registered as document No.397 of 2007 on the file of the Sub Registrar, Nazareth. As for the remaining 1/3rd share in the lands, Prof. D. Daniel Sundaraj, executed a sale dee