BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 26.02.2024 Delivered On : 21.05.2024 CORAM THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI A.S.(MD)No.71 of 2023 and C.M.P.(MD)Nos.4113 and 4115 of 2023 A.M.S.Syed Ameena Beevi (Died)

1.Thaika Syed Mohaideen Jaffar Ribai 2.Thaika Syed Mohaideen Sathak Jalal

3.Ayisha Niyas

4.Sabinathu Sulaiha

5.Kabir Aribu

6.Hathijathu Sinas ... Appellants (Cause title is accepted vide Court order dated 28.11.2022 made in C.M.P.(MD)No.11412 of 2022 in A.S.(MD)No.SR65106 of 2022 in KMSJ)

Vs.

1.M.Hameed Manzoor (Died)

2.S.Innocent Raj Represented through his Power Agent ... Respondents (Memo dated 20.03.2023, filed on 20.03.2023 in USR No.9949 is recorded to the effect that R1 died and there is no necessity to implead his Lrs on record, as the 2nd respondent/LR of the deceased R1 stepped into the shoes of the deceased R1 vide Court order dated 21.08.2023 made in A.S.(MD)No.71 of 2023 by KMSJ)

PRAYER : Appeal Suit is filed under Section 96 of Civil Procedure code, to set aside the decree and judgment dated 23.12.2021 passed in the suit in O.S.no.35 of 2018 on the file of the Additional District Court, Ramanathapuram and decreeing the suit as prayed for.

For Appellants : Mr.J.Bharathan For Respondents : Mr.A.Arumugam

JUDGMENT

This Appeal Suit has been preferred as against the judgment and decree passed in suit in O.S.No.35 of 2018 on the file of the learned Additional District Judge, Ramanathapuram, dated 23.12.2021.

Plaint averments:-

2.The plaint schedule consists of two items of properties and the same originally belonged to one Thiru.K.T.M.Abdul Qadar Sahib. The said ThiruK.T.M. Abdul Qadar Sahib executed a sale deed bearing document No. 125 of 1989 of Keelakarai Sub-Registry dated 27.01.1989 in favour of the plaintiff, namely, Tmt.A.M.S.Syed Ameena Beevi and handed over the possession and enjoyment of the plaint schedule properties. From the date of sale, that is, from 27.01.1989, the first plaintiff, namely, Tmt.A.M.S.Syed Ameena Beevi had been exclusively in possession, enjoyment and title over the plaint schedule properties to the knowledge of everyone. The first plaintiff has put up a construction of a two storeyed building in the plaint schedule properties and had rented the said building to various tenants. The first defendant is one of the distant relative of the first plaintiff. The first defendant, namely, Thiru.M.Hameed Manzoor, had fraudulently created and forged the General Power of Attorney dated 22.09.2014 registered at Keelakarai Sub- Registry bearing document No.2618 of 2014. With the sole intention of grabbing the plaint schedule properties illegally, the first respondent has created the said power of attorney. Making use of the said fraudulently created and forged power of attorney bearing document No.2618 of 2014, the first defendant had executed a sale deed in favour of the second defendant vide sale deed bearing document No.2640 of 2014 of Keelakarai Sub-Registry on 26.09.2014. Since the said general power of attorney bearing document No. 2618 of 2014 of Keelakarai Sub-Registry has been fraudulently created and forged by the first defendant, as if it had been executed by the first plaintiff, the sale deed executed in favour of the second defendant is neither legally sustainable nor would bind upon the first plaintiff's right over the plaint schedule properties. Knowing that the said power of attorney has been fraudulently created, the second respondent had deliberately and wantonly connived with the first defendant for the purpose of executing the sale deed in his favour. The first plaintiff's son, namely, one Thiru.Thaika Syed Mohaideen Sathak Jalal, had lodged a complaint before the Anti Land Grabbing Special Cell, Ramanathapuram, with respect to the fraudulent power of attorney created by the first defendant. A crime in FIR No.49 of 2014 came to be registered as against the first and second defendants and the attesting witnesses of the fraudulent power of attorney dated 22.09.201