JUDGMENT

This Appeal has been filed against the Judgment and Decree dated

22.05.2020 passed in O.S.No.53 of 2011 by the learned I Additional District Judge, Tiruvallur.

2.For the sake of convenience and clarity, the parties are referred to as per their litigative status before the trial Court.

3.The unsuccessful Plaintiff is the Appellant herein. The Plaintiff filed O.S.No. 53 of 2011 before the I Additional District Court, Tiruvallur, seeking specific performance of Ex.A2/suit sale agreement dated 05.11.2009. The Defendants 1 to 4 are the legal representatives of the deceased/A.Devarajan, land owner, who died on 22.01.2010. The 5^th Defendant is projected as general power of attorney agent of the said A.Devarajan, who had executed Ex.A1/general power of attorney dated 15.10.2008. The 6^th and 7^th Defendants are alienators, after the alleged settlement in favour of the first Defendant, who had sold various pieces of lands to D7 to D13 and hence, they are impleaded as party Defendants by order dated 06.07.2019 in I.A.No.799 of 2019 before the trial Court. 4.The brief facts necessary for determination of this Appeal are as under:

4(a).The suit property originally belonged to A.Devarajan, he having purchased the same under sale deed dated 26.08.2002 vide document Nos.1007/2002 and 1008/2002 and had been in absolute possession and enjoyment of the same.

4(b).A.Devarajan executed General Power of Attorney deed dated

15.10.2008 and appointed one G.Gopikumar the 5^th Defendant as his general power of attorney agent to deal with the suit properties including power to sell.

4(c).The said Devarajan offered to sell the schedule mentioned property and the Plaintiff agreed to purchase the same for a total sum of Rs.16,00,000/-. On 15.10.2008, the Plaintiff paid Rs.1,00,000/- towards advance and subsequently, on various dates paid major portion of sale consideration amounting to Rs.15,00,000/- and the balance of one lakh rupees alone has to be paid.

4(d).On 05.11.2009 an agreement of sale has been entered into with the said Devarajan through his General Power of Attorney Agent G.Gopikumar, the 5^th Defendant herein and on the same day possession of the suit schedule property was handed over to the Plaintiff and the documents of title were given to the custody of the Plaintiff, since the major portion of the sale consideration has been paid to the said Devarajan. 4(e).On 22.01.2010, Devarajan died intestate and left his only son D.Purushothaman and his widow Lakshmi and two daughters Kumudha and Kamala, the Defendants 1 to 4 as his class I legal heirs. Defendants 1 to 4 promised and agreed to execute necessary deed of conveyance in favour of the Plaintiff and believing the same, the Plaintiff also waited patiently till he received notice dated 30.06.2010 by way of which, the Plaintiff was called upon to return the power of attorney and the original documents. It is alleged that the notice contained false and fabricated allegations, the Plaintiff sent a reply on 15.07.2010 informing about the true facts.

4(f).On receipt of the reply, the Defendants once again sent a false rejoinder on 22.07.2010 which was replied on 28.07.2008. Again on 26.08.2010, the Defendants sent another notice to the Plaintiff alleging that their father never intended to sell the suit property and that the original title deeds were entrusted to the Plaintiff for safe custody. The Plaintiff sent a reply, however, Defendants had not stopped and attempted to encumber the suit schedule property.

4(g).On 27.09.2010, the Defendants 2 to 4 executed the settlement deed in favour of 1^st Defendant without any right in the suit property and on 09.10.2020 despite the above exchange of notices, claims and counter claims the 1^st Defendant seem to have executed general power of attorney deed in favour of one J.Gopinath the 6^th Defendant herein.

4(h).The settlement deed and the power of attorney are not binding the Plaintiff and the same are subject to Ex.A2 agreement dated 05.11.2009 entered by 1" D