PAPPA NAICKER Vs. RANGAYAMMAL

JUDGEMENT

(1.) UNSUCCESSFUL defendants 1 and 2 are the appellants.

(2.) THE first respondent/plaintiff filed the suit against the appellants and others for partition of their share in the A schedule properties. THE case of the first respondent was that A schedule properties belonged to her husband Ranga Naicker and her husband deserted her and therefore, the first respondent filed O.S.No.32 of 1991 for maintenance and also sought for charge over certain items of properties belonging to her husband and the suit was decreed on 19.1.1996 and a charge was created over the properties mentioned in the schedule and during the pendency of the suit, with intention to defeat the rights of the first respondent/plaintiff, her husband executed a document on 15.12.1993 purporting to sell the A schedule properties for a sum of Rs.1,00,000/= to the appellants who are none other than his brothers and no consideration was passed under that document and the sale deed is void ab initio and the appellants will not get any title under the sale deed and the charge created by the decree in O.S.No.32 of 1991, merged with the title of the plaintiff over A schedule property as she inherited the same and therefore, she is entitled to partition the suit properties mentioned in schedule A as her husband was only entitled to some share in A schedule property.

(3.) THE following substantial questions of law were framed on 21.2.2011:-