BHARATHI Vs. PALANIAMMAL

JUDGEMENT

(1.) The Plaintiff is the Appellant herein. The Plaintiff filed the suit for declaration and recovery of possession of the suit properties .

(2.) The case of the Plaintiff was that the first Defendant was her father and on 07.03.1984, the first Defendant executed a settlement deed in favour of the Appellant/Plaintiff in respect of the suit properties and delivered possession of the suit properties to the Appellant/Plaintiff and the said settlement deed came into effect and thereafter, the first Defendant revoked the said settlement deed by a revocation deed dated 09.09.1986. The said revocation is not valid and the first Defendant died on 26.01.1988, during the pendency of the suit. After the filing of the suit, the other Defendants have trespassed into the suit properties. Therefore, the suit was filed for declaration and recovery of possession.

(3.) The first Defendant viz., the father of the Appellant/ Plaintiff filed a statement stating that though the settlement deed was executed in favour of the Appellant/Plaintiff, the same was executed, while he was in a confused state of mind and in turmoil and possession was not given to the Plaintiff. The Plaintiff also did not accept the gift deed and the same was not acted upon and evenafter the execution of the gift deed, he continued to be in possession of the suit properties. The first Defendant also cancelled the settlement deed by a valid revocation deed dated 09.09.1986, and therefore, the Plaintiff cannot claim any right over the suit property.