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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
S.Jothimani – Appellant
Versus
Praveen – Respondent
| Table of Content |
|---|
| 1. plaintiff alleges fraudulent power of attorney disguised as mortgage. (Para 2 , 3 , 4 , 5) |
| 2. trial court finds power of attorney and sale deed invalid. (Para 6 , 7 , 8 , 9) |
| 3. appellant argues failure to prove fraud, valid execution presumed. (Para 10 , 11 , 12 , 13 , 14) |
| 4. power of attorney valid; presumption under evidence act unrebutted. (Para 15 , 16 , 18 , 19 , 20 , 21 , 22) |
| 5. sale deed valid; appeal allowed, trial decree set aside. (Para 23 , 24 , 25 , 26 , 27) |
JUDGMENT
The above Appeal suit has been filed challenging the Judgement and decree dated 07.06.2017 made in O.S.No.498 of 2014 on the file of the learned Additional District Judge-I, Coimbatore.
2. The case of the plaintiff is that, he is the absolute owner of the suit schedule property, by the virtue of the Sale Deed dated 09.06.2003. According to the plaintiff, his friend, one Mr. Karthik, had approached the 2nd defendant seeking financial assistance and had borrowed a sum of Rs.50,000/-. At the request of the said Mr.Karthik, the plaintiff agreed to stand as a surety for the said loan. Subsequently the 2nd defendant, in turn, insisted that the plaintiff has to hand over the original title deeds of th
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