KOLAMMAL Vs. SUBBAYAN PILLAI AND ORS.

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) For the sake of convenience, the parties are referred to as plaintiff and defendants.

(3.) The plaintiff has filed the above suit in O.S.No.544 of 1996 for declaration of title and for permanent injunction on the ground that the first defendant is the father and the defendants 2 and 3 are her younger brothers and the father has executed the Settlement Deed under Ex.A1 dated 05.09.1974 and subsequently under Ex.B2, the first defendant/ father has cancelled the Deed on 26.05.1984, which is an unilateral cancellation of the Settlement Deed. Thereafter, through Ex.B3, he had settled the suit property in favour of the defendants 2 and 3, who are the younger brothers of the plaintiff and the first defendant having executed unconditional Settlement Deed under Ex.A1, cannot be revoked the same and resettled the property in favour of other two sons and hence, sought for declaration of title and for permanent injunction. Further pleaded that after the settlement in favour of the plaintiff, the parents and other two brothers were allowed to live as a tenant in the suit property and remitted the rent viz., money order under Ex.A2 to Ex.A4. Written statement was filed.