R. SELVAM Vs. R. MANI

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree passed in O.S.No.93 of 2014 dated 11.12.2015 on the file of the learned III Additional District Judge, Salem.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Trial Court.

(3.) The suit is filed for declaration and permanent injunction in respect of the suit property. The case of the plaintiff is that the suit property belonged to the first defendant as per the preliminary decree passed in O.S.No.18 of 2010 dated 08.12.2011 on the file of the Fast Track Court No.2, Salem. The first defendant filed suit against her brothers and the suit property was allotted in her favour. Thereafter, the first defendant had executed a registered gift settlement deed in favour of the plaintiff on 08.03.2012. From the date of the gift settlement deed, the plaintiff had taken possession of the suit property and he is in possession and enjoyment of the same. In the meanwhile, under the influence of defendants 2 to 4, the first defendant executed a registered cancellation deed dated 03.07.2012 unilaterally. On the same day, the first defendant executed another gift settlement deed in favour of the plaintiff and the defendants 2 to 4. The said cancellation deed and the subsequent gift settlement deed executed by the first defendant are void-ab-initio. Once, the first defendant had lost her title to the suit property, after execution of registered settlement deed in favour of the plaintiff, she has no title over the property. On the strength of the settlement deed executed in favour of the defendants 2 to 4, they created encumbrance by execution of agreement for sale with the defendants 5 and 6. Hence, the suit for declaration and permanent injunction.