IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
R.Ganesan – Appellant
Versus
T.A.Kadirvelu – Respondent
JUDGMENT
The unsuccessful plaintiff is the appellant herein. He filed a suit seeking to set aside the sale deed dated 12.12.2005, executed by his power of attorney, the 2nd defendant in favour of the first defendant as a fraudulent document. He also sought for consequential permanent injunction restraining the first defendant from interfering with his peaceful possession and enjoyment over the suit property. The suit was dismissed by the Trial Court and the findings of the trial court were affirmed by the first appellate court. Aggrieved by the concurrent findings of the courts below, the plaintiff has filed the present second appeal.
2. According to the plaintiff/appellant, the suit property belonged to him under a sale deed dated 13.12.1985. It is the case of the plaintiff that he borrowed a sum of Rs.5,00,000/- from one Periyannan and at the time of borrowal, the said Periyannan insisted the plaintiff to execute a power of attorney in favour of his son, the 2nd defendant, as a security for the above said loan transaction. Therefore, the plaintiff executed a power of attorney on 31.12.2001 in favour of the 2nd defendant with regard to the suit property. It is contended by the pla
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