P. VASANTHA Vs. ANUSUYA

JUDGEMENT

(1.) The Second Appeal is directed against the dismissal of the suit filed to declare the settlement deed dated 21.03.2003 as obtained by fraud, coercion and undue influence by the defendants and consequentially for partition and allot 1/3rd share to the plaintiff in the suit properties.

(2.) Plaint averments: The suit filed by the plaintiff claiming that she is the eldest daughter of late V.Subramani. The 1 st defendant is the second daughter of late V.Subramani and the 2 nd defendant is the grant daughter of Subramani born to his son. The said V.Subramani died intestate on 01.08.2003 leaving behind the suit properties morefully described in the plaint as "A" schedule (residential building bearing door Nos.214/16 and 214/17, Paper Mills Road, Perambur, measuring to an extent of 990 sq.ft in total extent of 1810 sq.ft) and ''B'' Schedule - Item No.1 (Punja lands in Athupakkam Village, Tiruvallur District bearing S.No.74-1 B 1 00.76 acres, S.No 74 -2A1 00.70 acres, S.No. 74 2B1 - 00.20 acres. Item No.2 (Manavari land in S.No.19-2B measuring 02.00 acres). After the demise of Subramani, the defendants refused to effect partition of the suit schedule property in spite of legal notice dated 19.09.2003 caused to them. They claim exclusive right in the suit property on the premise that late V.Subramani, had executed a settlement deed dated 21.03.2003 in favour of the 2 nd defendant therefore, the plaintiff is not entitled for any share. The alleged settlement deed is not a genuine document. Mr.V.Subramani, used to sign his name in Tamil and he never put his LTI. Whereas, in the impugned settlement deed, LTI of V.Subramani, is affixed and no reason stated in the said deed why Subramani did not affix his signature, though he is always used to affix signature. Therefore, there is doubt about the execution of the settlement deed. Alleging that the said settlement deed is a fabricated document to cheat and deprive the plaintiff from getting share in her father's property, the suit has been laid for relief to declare the said deed obtained by fraud, coercion and undue influence and consequentially to declare 1/3 rd share in the suit property to the plaintiff and divide it by metes and bounds.

(3.) Written statement and additional written statement: