K. ESWARAN Vs. S. KANDASAMY (DIED)

JUDGEMENT

(1.) The Second Appeal is filed challenging the judgment and decree passed in A.S.No.3 of 2019, dtd. 13/12/2019 passed by the learned Subordinate Judge, Kangayam.

(2.) The Appellant as a Plaintiff filed the Suit, seeking relief that (a)settlement deed executed by the 1st Defendant in favour of the 3rd Defendant on 20/6/2011 to be declared as null and void; (b)to declare that the Suit property belongs to him; (c)for permanent injunction restraining the Defendants 1 to 3 from interfering with possession and enjoyment and not to alienate the suit property and (d)restraining the 4th Defendant from registering the documents produced by the Defendants 1 and 3 and for costs.

(3.) The case of the Appellant/plaintiff is that he is the son of deceased 1st Defendant and his Mother is 2nd Defendant Ms.Samiathal. The 3rd Defendant is his sister. It is his case that he was working in a Baniyan Company and earning good income and he was alone taking care of his parents/Defendants 1 and 2. With the amount earned by him, he purchased the suit property in his father's name on 29/5/2000. Though he contributed money for the purchase of the suit property, his father being elder member of the family, the property was purchased in his name. He is in possession and enjoyment of the suit property from the date of purchase. Without the knowledge of the Plaintiff, the 1 st Defendant had executed settlement deed dtd. 20/6/2011. The 1st Defendant has no right to execute the settlement deed and therefore, the Suit was filed.