S.NAGALAKSHMI Vs. S.VIJAYAKUMAR

JUDGEMENT

(1.) The suit in O.S.No.1917 of 2016 was instituted by the first respondent for declaration to declare that the unilateral cancellation of settlement deed, dated 17.02.2010 as null and void and to declare that the settlement deed, dated 15.05.2014 as null and void, unenforceable in law; for permanent injunction restraining the defendants, their men and agents from alienating or encumbering the suit property and for permanent injunction restraining the defendants, their men and agents from interfering with the plaintiff's possession and enjoyment over the suit property and for costs.

(2.) The case of the plaintiff is that the property measuring about 1743 sq.ft comprised in T.S.No.36, Puliyur Village, Egmore-Nungambakkam Taluk bearing Door No.20/10, Gangai Amman Koil 2nd Street, Vadapalani was originally purchased by his mother Devaki Ammal, through sale deed, dated 22.03.1980. Since then, the plaintiff's parents, the plaintiff and his family members were in possession and enjoyment of the property.

(3.) It is the further case of the plaintiff that his mother Devaki Ammal settled the suit property measuring an extent of 900 sq.ft in favour of the plaintiff by a registered settlement deed, dated 11.09.2007 and on the same day, another settlement deed was executed in favour of the first defendant, by settling the remaining portion existing in the northern side measuring about 693 sq.ft together with the remaining half share in the common passage. In the above settlement deeds, the plaintiff's mother had reserved and retained life interest for her and her husband and the same was accepted by the plaintiff. The plaintiff's father and mother died on 18.09.2013 and 10.02.2016 respectively.