KILIYAMBAL Vs. R GOVINDARAJU

JUDGEMENT

(1.) THE plaintiff who lost before the courts below is the appellant herein.

(2.) THE plaintiff filed a suit in O.S.No.1082 of 1984 on the file of Principal District Munsif, Villupuram against the respondents herein praying for a decree declaring that she is the absolute owner of the suit properties and for permanent injunction restraining the defendants 1 and 2, who are none else than her sons, from interfering in any manner with her possession and enjoyment of the suit properties through her tenant, the third defendant.

(3.) THE case of the plaintiff is that the suit properties were purchased under Exs.A.1 and A.2 in the name of Ellammal and it was she who paid the sale consideration. According to her, the properties were purchased as Benami in the name of Ellammal, so that her husband who was leading a wayward life would not be in a position to touch the properties. THE defendants 1 and 2 however disputed the claim that the plaintiff was leading a wayward life. Even assuming that the husband of the plaintiff was not leading a wavered life, if the plaintiff is able to convince this Court that it was she who paid the consideration for the transactions under Exs.A.1 and A.2 and purchased the properties in the name of Ellammal, certainly, she is bound to succeed on that issue. With regard to this, apart from the oral evidence of the plaintiff, the plaintiff would also rely on Ex. A. 10, which is a settlement deed executed by Ellammal in favour of defendants 1 and 2. It has to be remembered that the defendants 1 and 2 also claim their title only under the said document. In other words the fact that the document was executed by Ellammal is not disputed by defendants 1 and 2. Equally it is not the case of the defendants 1 and 2 that any portion of the recitals of the document were not given by Ellammal to the scribe or that she acted under any coercion or undue influence or some fraud had been played on her while her executing the document. In those circumstances, what has been stated in the Settlement deed should be taken as undisputed facts. In para 2 of the said document it is stated as under: