The suit property originally belonged to one Muni Ammal, V.Elumalai and V.Dhanapal. The plaintiff had purchased the suit property under a registered sale deed dated 07.06.1972 for valid consideration of Rs.1000/- and from the date of purchase, the plaintiff has been in possession and enjoyment of the suit property. On 09.08.1999, the plaintiff had executed a general power of attorney in favour of one R.Shanmugam Chettiyar to look after the suit property. Accordingly, the said R.Shanmugam Chettiyar was looking after the suit property until the plaintiff cancelled the said power of attorney on 28.09.2006. During the third week of April 2006, the plaintiff came to know that the defendant's Company which is having landed property adjacent to the plaintiff's land was trying to encroach upon the suit property. Hence, the plaintiff had issued notice through his power agent on 15.04.2006 asking the defendant to desist from making any unlawful attempt. The defendant after receipt of the said notice had sent a reply notice through his Lawyer with false averments and thereafter, it seems that defendant's Company had taken possession of the suit property in the last week of May, 2006. Hence, the plaintiff was constrained to file the suit for declaration and for delivery of possession.
