LAWS(SC)-2024-2-19

VASANTHA (DEAD) Vs. RAJALAKSHMI @ RAJAM (DEAD)

Decided On February 13, 2024
Vasantha (Dead) Appellant
V/S
Rajalakshmi @ Rajam (Dead) Respondents

JUDGEMENT

(1.) The action that set in motion the instant dispute was in the year 1947, when a mother transferred property inherited at the death of her husband, in one form to her two sons and in another, to her daughter. Some forty-odd years later, the daughter's husband filed a suit in respect of such property, in 1993. The Additional District Munsiff ("Trial Court") decided the matter in 1999. The Additional District and Session Judge ("First Appellate Court") returned a decision on the First Appeal in 2002. The Second Appeal was decided by the High Court ("Impugned judgment") in 2012. It is against this order and judgment in Second Appeal that the present civil appeal has been preferred.

(2.) It would be necessary to advert to the facts underlying the present dispute.

(3.) On 10/7/1947, one Thayammal executed a settlement deed ("First Settlement Deed") granting rights in her property to her two sons namely Raghavulu Naidu and Chinnakrishnan @ Munusamy Naidu ("Munusamy") for their lives and thereafter to the former's two daughters namely Saroja and Rajalakshmi (present Respondent now represented through LRs). Saroja pre-deceased Thayammal as also her father and uncle, in 1951.