ASHOK BHUSHAN,J. - (1.) Leave granted
(2.) The defendant has filed this appeal against judgment of the Madurai Bench of Madras High Court dated 22.01.2013, by which judgment the High Court while reversing the judgment of trial court and First Appellate Court, has decreed the suit of the plaintiff.
(3.) The brief facts of the case are: The Respondent No. 1, who shall be hereinafter referred to as plaintiff, filed Original Suit No. 33 of 2008 for the relief of declaration and mandatory injunction. Plaintiff's case in the plaint was that by Sale Deed dated 04.11.2007, he has purchased an area of 2 acres and 73 cents being part of Survey No. 188. The entire Plot No. 188 (area 7 acres and 84 cents) is recorded in the name of Defendant No. 1. Mandatory injunction was prayed to be issued, directing the Defendant Nos. 4 and 5 to correct the revenue records by entering the name of plaintiff in the suit property. The plaintiff's case was that the suit property belonged to one R. Padmanabhan who vide Sale Deed dated 28th August, 1992 on his behalf and on behalf of his minor sons transferred 2 acres 72 cents area being part of Survey No. 188 in favour of one Sanjay Ramasamy, correspondent of Annai Velankanni Women Teacher Training School. Sanjay Ramasamy executed a General Power of Attorney in favour of one Bhaskaran on 31.10.2007 and it was Bhaskaran who executed the Sale Deed dated 04.11.2007 in favour of the plaintiff. Plaintiff, further stated that when he went to Revenue Tehsildar for issuance of patta in his favour, he came to know that it is in the name of first Defendant. Consequently, the suit was filed, seeking declaration and mandatory injunction.;