Proof of an unregistered Will is sufficient if established by other means, while a power of attorney coupled with consideration survives the principal's death.

JUDGMENT :

P.B.BALAJI, J.

The plaintiff in a suit for partition and declaration that has been dismissed by the Trial Court, is on appeal.

2. Pleadings:-

(a) Plaint in brief:-

The plaintiff and the defendants 1 to 3 are siblings. They are daughters and sons of one Nalla Gounder. The suit schedule properties were allotted to the father, Nalla Gounder in a partition deed dated 22.06.1981. The father was enjoying the properties as absolute owner and he died intestate on 23.10.1998. The plaintiff and defendants 1 to 3 have been in joint possession and enjoyment of the suit schedule properties. However, in 2006, defendants 1 to 3 denied the plaintiff's share in agricultural income and the plaintiff therefore, demanded partition and separate possession. The plaintiff has 1/4^th share in the suit properties. The plaintiff issued a lawyer's notice demanding partition. The 5^th defendant was a power of attorney appointed by father, Nalla Gounder. However without any authority, after the demise of Nalla Gounder, the 5^th defendant, misusing the power of attorney executed a sale deed in respect of a portion of the suit property in favour of his wife, the 4^th defendant. The said sale deed is void ab initio and null and void, relating to Item 2 of the suit property and is not binding on the plaintiff as well.

(a)(i) Pending the suit, the defendants 1 and 2 have also executed sale deeds in favour of the defendants 6 to 9, who in turn, sold properties to defendants 10 to 28 through defendants 29 to 31, power agents and subsequent transferees have also been impleaded as defendants in the suit. The plaintiff has sought for additional reliefs of declaring the subsequent transactions pending the suit, as also not binding on the share of the plaintiff.

(b) Written Statement filed by the defendants 1 and 2 and adopted by the defendants 4 and 5 briefly:-

(b) (i) The relationship between the parties is admitted. The partition deed dated 22.06.1981 is also admitted. However, Nalla Gounder during his lifetime executed a Will on 16.06.1998, bequeathing his properties to his sons, defendants 1 and 2. The plaintiff was aware of the execution of the said Will and in fact, after the demise of Nalla Gounder, defendants 1 and 2 have entered into a registered partition deed dated 31.07.2002, in respect of properties bequeathed to them under the above referred Will. The defendants 1 and 2 are enjoying their properties with their own right and the allegation that the plaintiff and the other daughters were also in common enjoyment is totally denied. The plaintiff is not entitled to any share in the suit property. After receipt of lawyer's notice, defendants 1 and 2, explained the facts to the plaintiff.

(b)(ii). Nalla Gounder executed a power of attorney in favour of the 5^th defendant, on similar lines, the first defendant also executed a Power of Attorney in favour of the 5^th defendant. Based on the said powers of attorney, the 5^th defendant has sold the plaint schedule 2^nd Item to his wife/ the 4^th defendant. The sale deed is valid and it binds, the legal representatives of Nalla Gounder, including the plaintiff. The first defendant has already sold his share in Item No.1 of the suit property to third parties which is also known to the plaintiff. However, the plaintiff has not chosen to implead the said purchasers and the suit is bad for non-joinder of parties. The suit is liable to be dismissed.

(c).Written Statement filed by the 29 ^th defendant:-

Nalla Gounder purchased the suit property, Item No.1, by sale deed dated 03.07.1976. He partitioned the said property in the year 1981 and the plaint schedule property was allotted to the share of Nalla Gounder. However, Nalla Gounder did not die intestate, but execut