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2024 Supreme(Online)(MAD) 2037

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.B. BALAJI
M. KATHIRVEL – Appellant
Versus
D. ARUMUGASAMY – Respondent


JUDGMENT

The unsuccessful defendants who suffered a decree for declaration that the sale deed executed by the Power Agent, first defendant in favour of the second defendant as null and void are the appellants before me.

2. The parties are described as per the litigative status before the trial Court.

3. The brief and material facts that are required to adjudicate the Second Appeal are as follows:

The plaintiffs claimed to have purchased 2359 sq.ft of land under registered sale deeds. According to the plaintiffs, the first defendant created an unregistered power of attorney, as if the plaintiffs had authorised him to sell the suit property and based on the said power of attorney, the first defendant had executed a registered sale deed in favour of the second defendant, who was none else than the wife of the first defendant. According to the plaintiffs, the said sale deed was a result of forged documents and consequently, null and void.

4. The said suit was resisted by the first defendant by filing a written statement and an additional written statement. According to the first defendant, the power of attorney, as per the then existing laws, did not require registration and the allegation

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