K CHINNATHAMBI Vs. S SHANMUGAM

JUDGEMENT

(1.) THE second defendant in O.S.No.241 of 1990 is the appellant. THE first respondent herein filed a suit for declaration and permanent injunction.

(2.) THE case of the first respondent/plaintiff was that the property belonged to his father, the third defendant in the suit, and he had kept the first defendant as his concubine and thereafter he executed a settlement deed dated 05.06.1978 in favour of the first defendant, who was his concubine and under the settlement deed the first defendant was entitled to enjoy the property and after her life time, the property must go to the plaintiff and the first defendant has no manner of right to execute the sale deed and the third defendant also did not have any right over the property and after the execution of settlement deed in favour of the first defendant and the plaintiff, the first defendant and the second defendant have entered into an agreement of sale on 10.02.1990, whereby the first defendant agreed to sell the property to the second defendant and therefore the suit was filed for declaration and permanent injunction.

(3.) THE trial court dismissed the suit holding that as per the settlement the plaintiff cannot claim any right and after the life time of the first defendant, if any property is left by the first defendant the same can be enjoyed by the plaintiff and the first defendant was entitled to alienate the property and she is entitled to enter into an agreement of sale and that cannot be prevented. Aggrieved by the same, the first respondent/plaintiff filed an appeal in A.S.No.169 of 1993 on the file of the First Additional Sub-Court, Erode and the learned Sub-Judge allowed the appeal holding that as per Ex.A1 settlement deed, the first defendant was given only life interest and vested reminder was given to the first respondent/plaintiff herein and therefore the first respondent/plaintiff is entitled to the relief of declaration. Aggrieved by the same, the second appeal is filed by the second defendant.