R KUPPAYEE Vs. RAJA GOUNDER

JUDGEMENT

(1.) Aggrieved by the judgment and decree passed by the Courts below in dismissing the suit filed by the plaintiff-appellants (hereinafter referred to as the "appellants"), the appellants have come up in this appeal.

(2.) Shortly stated the facts are : The appellants are the daughters of the defendant-respondent (hereinafter referred to as the "respondent"). By a registered settlement deed, Exhibit A-1 dated 29th of August, 1985, the respondent hereinabove settled an extent of 12 cents of land comprised in S. No. 113/2, Thathagapatti Village, Salem District in favour of the appellants. As per recitals in the settlement deed, the settlement was made by the respondent out of natural love and affection for the appellants and the possession of the property was handed over to them on the day the settlement deed was executed. The schedule of settlement deed shows that the total extent of the property owned by the family was 3.16 acres. The gift was made of 12 cents along with Mangalore tiled house standing on the gifted land. It was also stated in the settlement deed that in future neither the respondent nor any other male or female heirs would have a right over the settled property.

(3.) After nearly 5 years, on 22nd April, 1990, respondent and his associates asked the appellants to vacate the property and tried to trespass into the property. Because of the attempt made by the respondent to trespass into the property, the appellants filed the Original Suit No. 451 of 1990 in the Court of District Munsif, Salem seeking relief of restraining the respondent and his associates from interfering with the appellants peaceful possession and enjoyment of the suit property in any way by way of a permanent injunction, or, for grant of relief deemed fit in the circumstances of the case. Respondent resisted the suit and in the written statement filed by him, he took the stand that he had not executed any settlement deed. That his son-in-law i.e., husband of appellant No. 1 had purchased a house site and the respondent was taken to the Registrars office to witness the sale deed. That he was used to taking liquor and taking advantage of his addiction to liquor the appellants and their respective husbands fraudulently by misrepresentation instead got the sale deed executed from him. The property in dispute being Joint Hindu Family property consisting of himself and his son could not be gifted under any circumstances.