GAYATHIRI Vs. U.K.N.SURESH

JUDGEMENT

(1.) Heard the parties through Video Conferencing due to COVID-19 pandemic.

(2.) The appellant has filed this Civil Miscellaneous Appeal against the order passed by the learned Principal District Judge, Thiruppur, in H.M.G.O.P.No.91 of 2018, dated 21.12.2018, declining to sell the property belonging to the minor daughters of the appellant.

(3.) Learned counsel appearing for the appellant submitted that while the appellant's husband/Babu was alive, a settlement deed was executed in his favour by his father/Somasundaram on 29.05.2013. However, he died on 16.01.2015 in a road accident leaving behind his wife/appellant herein and his two minor daughters, namely, B.Sudharsana and B.Dhanyasree. Since the appellant was eking out her livelihood only from the income received from her parents, she was finding it difficult to meet out the educational expenses of her two minor daughters and they are studying in St. Pieter Matriculation School, Indira Nagar, Palani, and their annual tuition fees is Rs. 18,000/- each per year. Finding it very difficult to survive and maintain her two minor children, she wanted to sell the property settled in favour of her husband by his father vide Settlement Deed dated 29.05.2013. Therefore, she has filed H.M.G.O.P.No.91 of 2018 before the learned Principal District Judge, Thiruppur. Although learned Principal District Judge accepted the case of the appellant that the property in question belongs to Late Babu, husband of appellant, yet refused to grant permission to sell the property in question and thereby dismissed the petition by holding that the appellant has not produced sufficient evidence to satisfy the Court that two minor children are pursuing their studies in a particular School and no document was adduced to show that she has been paying tuition fees to her minor children. Aggrieved by the same, she has filed the present Civil Miscellaneous Appeal.