property belongs to the first defendant and the same was purchased by the registered sale deed dated 12.12.1996. In order to deal with the property, the first defendant had executed power of attorney in favour of the second defendant on 17.06.2004. The second defendant had entered into an agreement for sale with the plaintiff under the registered sale agreement dated 12.02.2007. As per the agreement for sale, the total sale consideration was fixed at Rs.18,00,000/- and received a sum of Rs.17,00,000/- as an advance on the date of agreement for sale. As per the terms of the agreement, the plaintiff has to pay the balance sale consideration of Rs.1,00,000/- within a period of six months from the date of the agreement for sale. The first defendant is being the principal had received the entire advance amount from the second defendant and also issued receipt. When the plaintiff was always ready and willing to perform his part of contract by paying the balance sale consideration of Rs.1,00,000/- to the second defendant, the second defendant failed to execute sale deed. In the meanwhile, the first defendant also colluded with the second defendant and cancelled the power of attorney executed in favour of the second defendant by the cancellation deed dated 06.03.2007. Therefore, the plaintiff caused public notice on 14.04.2007 in a newspaper and filed the suit.
