V. RAJENDRAN Vs. ANNASAMY PANDIAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the impugned order dated 09.03.2015 passed by the High Court of Madras at Madurai Bench allowing C.R.P. NPD (MD) No. 248 of 2015, thereby declining the leave to the appellants to withdraw the suit.

(3.) Case of appellants-plaintiffs is that originally the suit property was the ancestral property of Annasamy Pandian, who is the father of the respondent-Karthyayani Natchiar herein and the patta for the entire suit property was issued in the name of Annasamy Pandian and his relatives (Pangaligal). The said Annasamy Pandian appointed one Thangaraj as his power agent to deal with his property by a registered Power of Attorney Deed dated 09.09.1999. Based upon the said Power of Attorney, the appellants purchased the said suit property from Thangaraj under four sale deeds i.e. 50 cents each. The appellants being husband and wife, fenced the suit property purchased by them and possessed and enjoyed the same as a single property. The Tahsildar of Kadaladi has passed an order dated 31.03.2003, confirming the appellants' purchase and possession over the suit property. Further case of the appellants is that on the application of the respondent's husband, the Sub-Collector, Paramakudi without conducting proper enquiry, cancelled the patta in the name of the appellants and transferred the patta in the name of the father of the respondent-Karthyayani Natchiar by order dated 06.08.2003. Alleging that the respondents are trying to interfere with the possession of the appellants of the suit property, the appellants have filed the suit as O.S. No.89 of 2004 for permanent injunction. In the said suit, the respondents filed written submission contending that the Power of Attorney was fraudulently obtained by said Thangaraj as he has no right to sell the suit property to the appellants.