S G ANANDA Vs. SATHISHBABU

JUDGEMENT

(1.) THE third defendant is the revision petitioner. Respondents 3 and 4 filed a suit for declaration of title and for injunction and to set aside the sale dated 2.12.2004.

(2.) THE case of respondents 3 and 4 was that the suit properties were self-acquired properties of the third respondent's husband viz., S.R.Govinda Chetty and the third respondent is the legally wedded wife of Govinda Chetty and she took the fourth respondent in adoption in the month of December 2001 and it was confirmed by adoption deed dated 10.11.2004. Govinda Chetty died on 18.9.2004 leaving behind him respondents 3 and 4 as his legal heirs. Respondents 1 and 2 were assisting Govinda Chetty during his life time and taking advantage of his proximity, they obtained a Will dated 30.10.2003 in his favour executed by Govinda Chetty and the third respondent herein and after coming to know about the evil design of the first respondent, the third respondent cancelled the Will. Nevertheless, the first respondent made arrangement to sell the property to the second respondent. Unable to bear the atrocities of respondents 1 and 2, respondents 3 and 4 brought the revision petitioner who is the brother of the third respondent for help and taking undue advantage of respondents 3 and 4, the third defendant/revision petitioner, by practising fraud, obtained sale deed in his favour on 2.12.2004 and therefore, the suit was filed for the relied prayed for as stated above.

(3.) THAT petition was allowed and the court below permitted the revision petitioner to cross-examine the third respondent only in respect of the sale deed dated 2.12.2004 in his favour and aggrieved by the same, this revision is filed.